RATNESH KUMAR SINGH Vs. PUSHPRAJ SINGH

JUDGEMENT

(1.) Heard Shri Devendra Dahma, learned counsel for the applicant and perused the records.

(2.) Present contempt application has been filed by the applicant under Sec. 16 of the Contempt of Courts Act, 1971(hereinafter referred to as the Act, 1971) seeking consent/permission to initiate criminal contempt proceeding under Sec. 16 of the Act, 1971 against opposite party/contemnor, who was the Presiding Officer in Appeal No.353/2024 which was filed against an order cancelling a fair price shop license.

(3.) It is alleged that the applicant was appointed as Special Counsel Revenue in Commissionerate, Prayagraj and joined on 3/4/2021. On 21/3/2024 the applicant appeared on behalf of the State in Appeal No.353/2024 (Kavita Devi vs. State of U.P.) which was filed against an order cancelling a fair price shop license. It is being claimed that he requested the Court to give opportunity of hearing on the question of admission and grant of stay, however, the Presiding Officer of the Court on 21/3/2024 while discharging judicial function openly said in the Court that it was not necessary to hear Government Advocate and admitted the appeal and stayed the operation of order cancelling fair price shop license of the appellant. It is alleged that the alleged contemnor misbehaved and insulted the applicant in open court lowering the prestige of the applicant. The complaint in this regard was lodged by the petitioner with the Commissioner of Prayagraj, Division Prayagraj as well as with the Chairman, Board of Revenue, U.P. Lucknow and also to the Under Secretary, State Government. It is further alleged that he has received one letter dtd. 23/7/2024 from Commissioner Prayagraj, Division Prayagraj for appearing before him on 26/7/2024 for personal hearing. Consequently, the applicant appeared before him and on 30/7/2024 filed his statement alongwith affidavit as well as affidavit of two witnesses, the advocates who were present in the Court on 21/3/2024. Ultimately, an application was filed before the learned Advocate General on 16/4/2025 in respect of the incident dtd. 21/3/2024 for the purpose of referring the matter for making motion of initiation of criminal contempt against the alleged contemnor-Shri Pushpraj Singh. Learned Advocate General vide order dtd. 23/4/2025 rejected the application and consent sought was refused.