1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CONTEMPT PETITION NO. 377 of 2008 Tanaji Dagadu Ghule ....Petitioner v/s. Ranjit Rajkumar Bhosale & ors. ....Respondents Shri Surel S. Shah for the petitioner. Shri R.M.Patne-AGP for respondents no. 3. CORAM:- A.M.KHANWILKAR, J. DATED:- August 26, 2009. P.C. Heard Counsel for the parties. 2. The grievance in this Petition is that the Contemnor inspite of having assured the Court that he would institute criminal case against the erring person within three weeks on the basis of which Writ Petition No. 565/2008 came to be disposed of on 5/5/2008 has failed to institute such complaint. The explanation offered by the Contemnor is that the Contemnor has complied with the instructions issued by the State Election Commission dated 22/8/2007 by filing the complaint before the concerned police station for offence punishable under Section 171(I) of the Indian Penal Code. To this extent no fault can be found with the act of the Contemnor. However, that act may not be complete compliance of the assurance given to the Court on the basis of which Writ 2 Petition came to be disposed of by this Court. In as much as the offence under Section 171(I) of Indian Penal Code is a non-cognizable offence and the Petitioner is justified in contending that the Contemnor was expected to file a private complaint in relation to the said offence and take the same to its logical end against the erring person else the complaint lodged with the police station will be of no consequence and defeat the purpose of direction issued by the Court in Writ Petition No. 565/2008. 3. Taking over all view of the matter, although it may not be a case of willful default committed by the Contemnors, the Contemnors may purge themselves by filing a private complaint in relation to the offence in question against the erring persons and the said complaint will have to be taken to its logical end in accordance with law. That be done within four weeks from today. Needless to observe that the Contemnors will have to take out appropriate application while presenting the private complaint for condonation of delay if required. Petition disposed of on the above terms. A.M.KHANWILKAR, J