Application for withdrawal of contempt petition preferred for non-compliance of interim order was allowed by the Hon'ble Single Judge. The suit title dismissed
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Court No. - 4
Case :- CONTEMPT APPLICATION (CIVIL) No. - 916 of 2021
Applicant :- Km. Rihana Khan And Another Opposite Party :- Mr. Dheerendra Pratap, Deputy District Magistrate/ S.D.M. Jhansi
Counsel for Applicant :- Niraj Tiwari
Hon'ble Prakash Padia,J.
The applicants have preferred the present contempt application for noncompliance of the order dated 10.07.2020 passed in Application under Section 482 Cr.P.C. No.11963 of 2020 (Km. Rihana Khan And Another Vs. State of U.P. and others). The relevant portion of the order is quoted below:-
"Therefore, in the facts and circumstances of the case application is disposed with the direction that opposite party no. 2 will pass an appropriate order on the application moved by the applicants as expeditiously as possible preferably within a period of one months from the date of production of certified copy before him."
Today when the matter is taken up, affidavit of compliance has been filed by Sri K.R. Singh, learned Additional Chief Standing Counsel on behalf of opposite party. It is stated in paragraph 6 of the aforesaid affidavit that the order by the Writ Court dated 10.07.2020 has been complied with by the opposite party by passing order dated 29.07.2020. It is further argued that though the aforesaid order is well within the knowledge of the applicants but the same was deliberately and willfully concealed by the applicants while filing the present contempt application. It appears from perusal of the record that the order dated 29.07.2020 as well as subsequent orders by which the aforesaid order was extended, were in the knowledge of the applicant but the same was deliberately and willfully concealed by the applicants while filing the present contempt application.
At this stage, learned counsel for the applicants prays for withdrawal of the present contempt application.
This prayer has not been opposed by the counsel for opposite party.
Prayer is allowed.
Accordingly, the present contempt application is dismissed as withdrawn.
It is made clear that no liberty is granted to file fresh petition for the relief sought in the present petition.
Order Date :- 28.7.2021 saqlain
Km. Rihana Khan And Another
Prakash Padia
As recorded by the court registry
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