STATE OF C.G. Vs. S.K. THAKUR

JUDGEMENT

(1.) This is reference made under Sec. 15 (2) of the Contempt of Courts Act, 1971 by the Additional Chief Judicial Magistrate, Bemetara to this Court for taking action for contempt against the respondent herein.

(2.) Brief facts of the reference are as under :-

(3.) On 7-9-2001, order for interim custody was passed by the Additional Chief Judicial Magistrate, Bemetara granting interim custody of the recovered vehicle in a crime registered by the police station concerned to Jamuna Prasad and actual memo was issued in favour of Jamuna Prasad on 22-9-2001 to the concerned police station/Station House Officer, Bemetara, to handover the possession of the vehicle to Jamuna Prasad. In the opinion of the Station House Officer, the vehicle was further required to be sent to the Forensic Science Laboratory for chemical examination. The District Prosecution Officer made an application on 23-9-2001 for extension of time for delivery of vehicle to the said owner of the vehicle as directed by the court. Such an application was made before the Judicial Magistrate Second Class (on remand duty) of that court and the same was forwarded by the said Magistrate to the Additional Chief Judicial Magistrate, Bemetara for orders on that application. Ultimately, the Additional Chief Judicial Magistrate, Bemetara, on 1- 10-2001 rejected the application for extension of time for delivery of said vehicle and upon rejection, the vehicle was ultimately handedover to Jamuna Prasad, the vehicle owner, on 3-10-2001. In the meanwhile, on 24-9-2001, Jamuna Prasad filed an application that the vehicle is not being handed-over to him as directed by the court on 7-9-2001/22-9-2001 and in which notice for non-compliance of the court order was issued to the respondent herein and ultimately, finding non-compliance of the order dated 7-9-2001/22-9-2001, by order dated 9-10-2001, the matter has been sent to this Court for taking cognizance of the criminal contempt, under Sec. 15 (2) of the Contempt of Courts Act, 1971, for punishing the respondent/contemnor.