Court No. - 10

Case :- CONTEMPT APPLICATION (CIVIL) No. - 3946 of 2021

Applicant :- Rahul Kumar Yadav

Opposite Party :- Sri Ashish Srivastava, Superintendent Of Police, Basti

Counsel for Applicant :- Siddharth Khare

And

Case :- CONTEMPT APPLICATION (CIVIL) No. - 3984 of 2021

Applicant :- Hrishikesh Pandey

Opposite Party :- Sri Ghule Sushil Chandrabhan, Superintendent Of Police

Counsel for Applicant :- Siddharth Khare

And

Case :- CONTEMPT APPLICATION (CIVIL) No. - 4024 of 2021

Applicant :- Indrajeet

Opposite Party :- Sri Ghule Sushil Chandrabhan, Superintendent Of Police, Mau

Counsel for Applicant :- Siddharth Khare

Hon'ble Abdul Moin,J.

Heard.

In pursuance to the order of this Court dated 11.11.2021, Sri Ashish Srivastava,

Superintendent of Police, Basti and Sri Ghule Sushil Chandrabhan Vishnu, Superintendent of

Police, Mau are present in the Court.

Learned counsel appearing for the contesting parties contend that issue involved in Contempt

Applications (Civil) Nos 3984 of 2021 & 4024 of 2021 is one and the same.

As such, the Court proceeds to hear all the aforesaid contempt applications together. For

convenience, the facts of Contempt Application (Civil) No. 3946 of 2021 are being taken into

consideration.

The instant contempt application has been filed alleging non compliance of the judgment and

order dated 09.08.2021 passed in Writ-A No. 7803 of 2021 Inre; Rahul Kumar Yadav Vs.

State of U.P and ors. By the said order, the benefit of an interim order passed in the case of

Rishi Kesh Pandey in Writ-A No. 8333 of 2021 was extended to the applicant also and the

effect and operation of the order dated 19.06.2021 was stayed until further.

This Court had passed the following order on 11.11.2021 which for the sake of convenience is

reproduced below:-

The applicant is before this Court for a direction to initiate contempt proceeding against the

opposite party for wilful disobedience of the judgement and order dated 09.08.2021 passed in

Writ A No.7803 of 2021 (Rahul Kumar Yadav Vs. State of U.P. & others). The operative

portion of the order is reproduced hereinbelow :-

"The matter was taken up on 29.7.2021 and on the said date, the Court had proceeded to pass

following order:-

"The detailed instructions filed today is taken on record.

Shri Sanjay Kumar Singh, learned Addl. Chief Standing Counsel prays for and is accorded

week's time to file counter affidavit. Three days, thereafter, is accorded to file rejoinder

affidavit.

Put up this matter as fresh on 09.08.2021 for further hearing."

On the matter being taken up today, Shri Ashok Khare, learned Senior Advocate assisted by

Shri Siddharth Khare, appearing for the petitioner submits that in similar facts and

circumstances, a coordinate Bench of this Court has already accorded an interim order on

30.7.2021 in Writ A No.8333 of 2021 (Hrishikesh Pandey vs. State of UP and 3 others) and

similar treatment may also be extended to the petitioner.

Shri Sanjay Kumar Singh, learned Additional Chief Standing Counsel submits that in

response of the earlier order, he has received the detailed instructions. He prays for and is

accorded four weeks' time to file response in the matter. The petitioner will have one week

thereafter to file rejoinder affidavit. List immediately thereafter.

The benefit of the interim order passed in Hrishikesh Pandey's case (supra) is extended to the

petitioner also and it is thus directed that until further orders of this Court, the effect and

operation of the impugned order dated 19.6.2021 passed by the fourth

respondent/Superintendent of Police, Basti, so far as it relates to the petitioner, shall remain

stayed.

When the aforesaid order was not complied with present contempt application was filed in

which notice was issued and learned Standing Counsel was directed to obtain instructions in

the matter.

Today when the matter was taken up, a counter affidavit was filed by the learned Standing

Counsel, same is take