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Judgment
Savitri Ratho, J.
The CONTC has been filed alleging non-compliance of order dated 22.06.2026 passed by this Court in CRLMP No. 690 of 2026.
ORDER PASSED IN CRLMP NO.690 of 2026
By order dated 22.06.2026 passed in CRLMP No. 690 of 2026 this Court had directed as follows:-
“3.The orders passed by the learned JMFC, Begunia after the order in CRLMP No. 1311 of 2025 was passed, have been annexed to this CRLMP, which reveal that orders have been passed by the learned trial Court for production of P.W.5-Subhashree Asrayalata Das and on 10.03.2026, the bailable warrant issued on 08.01.2026 has been recalled and a fresh bailable warrant has been issued against her for her appearance on 20.04.2026 fixing her bail amount at Rs.5.000/- with one surety of the like amount directing the Officer-in-charge, Angul Police Station for execution at her present residential address at Similipada, P.O/P.S.- Angul Town, Dist- Angul and requesting the Officer-in-charge to execute the warrant promptly and ensure the production of the witness on the specified date.
4.Learned counsel for the Petitioner submits that in spite of this order, the warrant has not been executed for which on 20.04.2026, the case has been adjourned to 29.06.2026.
5.The IIC, Angul has not been arrayed as an Opposite Party in this case. But, considering the earlier order passed by this Court in CRLMP No. 1311 of 2025 and the orders passed by the learned JMFC, Begunia thereafter, the CRLMP is disposed of directing the IIC, Angul Police Station to take steps for execution of the bailable warrant issued against Opposite Party No. 2 before 29.06.2026.
6.Copy of this order be communicated to the IIC, Angul Police Station by the Registry forthwith.”
Although the office notice indicates that the unserved notice has returned from the Opposite Party-Pravat Tripathy with the postal endorsement “Addressee left without any instruction” but show cause affidavit dated 20.09.2026 has been filed by Sri Prakash Chandra Majhi, I.I.C, Angul Town, Police Station.
SHOW CAUSE AFFIDAVIT
It has been stated in paragraph 4 of the show cause affidavit that since the bailable warrant could not be traced in the Police Station so prayer was made before the learned JMFC, Begunia on 02.09.2026 for issuance of a fresh Bailable Warrant against the Opposite Party and the bailable warrant has been issued by the learned JMFC, Begunia on 07.09.2026. After receipt of the same on 11.09.2026, the bailable warrant has been executed on 18.09.2026 and the warrantee has executed a bond of Rs.5000/- through one surety and has been directed to appear before the JMFC, Begunia on 30.09.2026 i.e. the date of posting of G.R. No. 810 of 2023. The deponent has also begged apology for not complying with the order of this Court. Paragraphs 4, 5, and 6 of the affidavit are extracted below: -
“4.That as per direction the Hon'ble Court while taking steps for execution of Bailable Warrant against Opp. Party namely Subhashree Asrayalata Das we verified the receipt register of our police Station but found no entry has been made in the register regarding the said Bailable Warrant further the said Bailable Warrant could not be put up before me for assignment to an officer for its execution and found that original Bailable Warrant is presently not available / traceable. So I made prayer before the Leaned JMFC, Begunia vide DR No. 3673/PS dated 02.09.2026 for issuance of a fresh Bailable Warrant against said Opp. Party for execution in accordance with law and up on receipt of the fresh Bailable Warrant, possible and sincere efforts shall be made to trace the Opp. Party and execute the same expeditiously. In this regard I submitted the instructions on dated 03.09.2026 vide DR No. 3694/PS regarding execution of Bailable Warrant against the Opp. Party namely Subhashree Asrayalata Das. Copy of the prayer vide DR No. 3673/PS dated 02.09.2026 and instructions on dated 03.09.2026 vide DR No. 3694/PS is annexed herewith as Annexure-A/1 and Annexure-B/1 respectively.
5.That, in the meantime the Bailable Warrant against Opp. Party namely Subhashree Asrayalata Das has been issued by the leaned JMFC, Begunia on dated 07.09.2026 and after receipt of the same, on 11.09.2026, the said Bailable Warrant was executed against warrantee on 18.09.2026 and the Warrantee executed a bond of Rs. 5000/- through one surety namely Ramachandra Behera, S/o- Ulu Behera of village-Sabalabhanga, P.S- Anugola Sadar, Dist-Anugola. Accordingly, the warrantee was directed to appear before the learned JMFC, Begunia on 30.09.2026 i.e. the date of posting of G.R. No. 810 of 2023 before the said Hon'ble Court. Copies of said Bail Bond dated 18.09.2026 and other connected papers are annexed herewith as Annexure-C/1 Series.
6.The deponent has the highest regards to this Hon'ble Court as well as to the Orders passed by this Hon'ble Court. The deponent has neither intended nor tried to disobey the direction passed by this Hon'ble Court. The deponent begs unconditional apology which is without any malafied intention. I most respectfully beg unconditional apology that I may kindly be excused. In view of the above, it is humbly prayed that the cause shown may kindly be accepted as sufficient and the Contempt may kindly be dropped.”
SUBMISSIONS
No counsel appears on behalf of the petitioner when the matter is called. Instead of adjourning the matter or directing the Petitioner to array Mr. P.C. Majhi as Opposite Party, I have perused the averments in the CONTC and its annexures, show cause affidavit and heard the learned counsel for the State.
Mr. Debaraj Mohanty, learned Additional Government Advocate submits that since the Opposite Party has begged unconditional apology for the delay in complying with the order of this Court, a lenient view may be taken.
DISCUSSION AND CONCLUSION
In the case of A.K. Jayaprakash (dead) through LRs vs S.S Mallikarjuna Rao and another: 2025 INSC 1003, the Supreme Court has held as follows: -
“16.The question that arises for consideration is whether the delayed compliance constitutes wilful disobedience so as to attract the jurisdiction of this Court under the Contempt of Courts Act, 1971.
17.In Ashok Paper Kamgar Union v. Dharam Godha and Others: (2003) 11 SCC 1 , this Court has held that contempt jurisdiction is intended to uphold the majesty of law and not to settle personal grievances. Similarly, in Rama Narang v. Ramesh Narang and Another (2006) 11 SCC 114 , in a case of civil contempt, the breach must be deliberate and intentional.
“18………..While such circumstances cannot justify laxity in complying with orders of this Court, the element of mens rea, essential for sustaining a charge of civil contempt, cannot be inferred merely from the factum of delay.”
From a perusal of the order dated 22.06.2026 and averments in the show cause affidavit, it is apparent that the Opposite Party has admittedly not made any efforts to comply with the order dated 22.06.2026 passed in CRLMP No. 690 of 2026, where direction had been issued to execute the bailable warrant issued by the learned JMFC, Begunia before 29.06.2026. He has stated that this was because the bailable warrant was not traceable in the Police Station.
On 31.08.2026 the learned State Counsel had been directed to be obtain instructions in the CONTC. Only thereafter steps were taken by the Opposite Party to get a fresh bailable warrant issued by the learned Magistrate executed the same on 18.09.2026.
The Opposite Party has thus complied with the order of this Court, although after some delay. Although he has been lax but it cannot be stated that he has wilfully violated the order of this Court. As explained by the Supreme Court in the case of A.K. Jayaprakash (supra), the Opposite Party cannot therefore be attributed with mens rea for wilful default which is essential for sustaining the charge of civil contempt.
Perusal of the affidavit reveals that the Opposite Party has begged unconditional apology for his conduct. I am therefore inclined to take a lenient view in this CONTC.
The apology of the deponent is accepted and the contempt proceeding is dropped.