M.D.N. PANICKER Vs. M.K. PANDA

JUDGEMENT

(1.) This application has been filed by the petitioner-M.D.N. Panicker under Section 14 read with Section 12 of the Contempt of Courts Act, 1971 against opposite party No.1-M.K. Panda, Inspector-in-Charge and opposite party No.2-Rupak Patnaik, Sub-Divisional Magistrate for non-compliance of the direction of this Court issued in CRLREV No.791 & 937 of 2010 disposed of on 25.10.2010.

(2.) It was asserted by the petitioner that after the aforesaid order was passed, copy thereof was served on opposite party No.2 along with a letter dated 30.10.2010 and a similar copy was also served on opposite party No.1 along with a covering letter, but in spite of the said communication, the residence of the petitioner, which was under the lock and key, had not been unlocked and the petitioner had not been permitted or allowed to stay in his residence i.e Qrs. No.D/81, Sector-18, Rourkela.

(3.) Affidavits have come to be filed by both the Inspector-in- Charge, Udit Nagar Police Station, Rourkela as well as the Sub-Divisional Magistrate, Panposh, Rourkela. On perusal of the same, it appears that opposite party No.1 on receipt of letter dated 06.01.2011 from opposite party No.2 who claims to have taken steps to hand over the keys of the quarters to the petitioner on 07.01.2011 and since the petitioner was not available at Rourkela on that day, the same could not be handed over to him and the same was complied with on arrival of the petitioner at Rourkela on 08.01.2011 when he was handed over possession of the first floor of the disputed quarters. The opposite parties have expressed their regret for the delay in non- compliance of the Court's order and pray that the compliance made, though belatedly, may be condoned keeping in view the long service career of the contemnors.