P C SINGHAL Vs. R B S TYAGI

JUDGEMENT

(1.) By this application the applicant prays that the respondent Shri R.B.S. Tyagi, ACP Crime Branch be held guilty of having committed the contempt of Court for violating the order of this court dated September 13,1999 passed in Civil Writ Petition No. 755/99 and he be punished in accordance with law. The contempt petition arises in the following circumstance:- A writ petition being Writ Petition No. 755/99 ws filed by the Bank of Baroda against the State and the Station House Officer, P.S. Shakarpur seeking a direction to the SHO to register a formal FIR against M/s Singhal Strips Ltd. toha Mandi, Naraina and its directors. It was claimed in the writ petition that M/s. Singhal Strips Ltd. approached the bank for grant of certain credit facilities including cash credit against (hypothecation of stocks and book debts) bill discounting and term toan in the year 1994. The said facilities were reviewed & enhanced at the request of M/s. Singhal Strips Ltd. from time to time. According to the petitioner as on January 6,1998 and on the date of filing of the petition viz., August 10, 1999 a sum of Rs. 7.2 crores (approximately was due and payable to the Bank. The allegations on the basis of which the bank filed the writ petition seeking direction to teh concerned SHO to register the FIR is set out in para 10 therefore and few other paragraphs. However, for the purposes of this spplication, it will be sufficient to quote para 10 of the writ petition:-

(2.) It was also stated in the writ petition that on July 25,1999 the Bank filed a complaint with the Station House Officer, Shakarpur but the latter failed to register the FIR. On August 11,1999 in view of the fact that the complaint disclosed commission of a cognizable offence, we directed the concerned Station House Officer to register the FIR. The order of August 11,1999 reads as follows:-

(3.) On September 8,1999 an application was filed on behalf of M/s Singhal Strips Ltd. And its directors for recall of the order dated 11th August. 1999. On September 13,1999 the application of the petitioner was disposed of with the following observations:-