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2021 Supreme(SC) 921

SANJAY KISHAN KAUL, HEMANT GUPTA
State Of Uttar Pradesh – Appellant
Versus
Manoj Kumar Sharma – Respondent


Advocates appeared:
Mr. Vishnu Shankar Jain, Advocate, for the Appellant; Mr. Shailendra Bhardwaj, Advocate, Ms. Aroma S. Bhardwaj, Advocate, for the Respondent

ORDER

IA 38178/2021- APPLICATION FOR STAY

1. Notice.

2. On 22.02.2021, we had issued notice in the Special Leave Petition and stayed the operation of the impugned order.

3. The present application has been filed for stay of the contempt proceedings on account of the order passed on 02.03.2021.

4. To say the least, we are quite shocked at the perusal of the order dated 02.03.2021. Once the operation of the order has been stayed, the natural consequence would be that the contempt proceedings would be kept in abeyance. It is not as if this aspect was not brought to the notice of the learned Judge dealing with the Contempt Petition No.139/2020 as an application had been filed for exemption from personal appearance. However, the exemption from personal appearance was granted only for the date of 02.03.2021 and the matter was listed on 08.04.2021 once again directing both the officers to remain present in Court in pursuance to an earlier order dated 05.02.2021.

5. Once the order of which contempt was alleged was stayed, there would be no cause for calling the officers as there was no question of any non-compliance of the order which had been stayed. This Court has even on various occasio

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