A court order restraining the summoning of a party under Section 41-A Cr.P.C. does not prohibit the investigating agency from continuing the investigation or filing a charge sheet, provided the specific restraint on summoning is observed.

ORDER

This Contempt Case is filed under Sections 10 to 12 of the Contempt of Courts Act,1971, for willful violation orders passed by this Court in Crl.P.No.11631 of 2025, dated 10.09.2025.

2. The orders dated 10.09.2025 in Crl.P.No.11631 of 2025 reads as follows:

“There shall be stay of further proceedings to restrain respondent No.2 from summoning the petitioner by staying the operation of the Notice U/sec. 41 (A) Cr.P.C. dated 02.09.2025 bearing Cr.No.372/Cr/MK-3/RCK/2024, till 24.09.2025.”

3. Upon perusal of the record, it reveals that respondent No.2 in Crl.P.No.11631 of 2025 was restrained from summoning the petitioner by staying the operation of the notice issued under Section 41-A of Cr.P.C., dated 02.09.2025, in Crime No.372/Cr/MK-3/RCK/2024, till 24.09.2025.

4. The contention of the learned counsel for the petitioner is that, although the order is dated 10.09.2025, the charge sheet came to be filed on 15.09.2025, and thus there is a violation of the orders of this Court.

5. It is pertinent to note that the proceedings of further investigation were not stayed by this Court. Only the issuance of notice under Section 41-A of Cr.P.C. was stayed, and respondent No.2 was restrained from summoning the petitioner. Admittedly, the petitioner was not summoned subsequent to the order dated 10.09.2025. Therefore, there is no violation of the order dated 10.09.2025 passed by this Court. Hence, the contempt case lacks merit.

6. Accordingly, the Contempt Case is dismissed.

Pending miscellaneous applications, if any, shall stand closed.