This contempt application alleging wilful defiance of a writ court order was dismissed. The court found the application lost its efficacy after reviewing written instructions and counsel's submissions indicating ongoing contact between the parties.
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Court No. - 19
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2345 of 2022
Applicant :- Rajni Tiwari Opposite Party :- Shri Shamim Khan, S.H.O. P.S.- Manak Nagar, Lko. And Others
Counsel for Applicant :- Rishi Raj
Hon'ble Rajeev Singh,J.
On 21.10.2022, following order was passed.
"Heard Rishabh Chauhan, Advocate, appearing for the applicant. The present contempt application is filed with the avernment that order dated 12.9.2022 passed in Writ Petition No.199 (HABC) of 2022 (Rajni Tiwari Vs. State of U.P. & Ors.) is wilfully flouted by the respondent.
Let a copy of the contempt application be handed over to Sri Ram Swaroop, learned Additional Chief Standing Counsel forthwith.
List this case on 21.11.2022 as fresh.
In the meantime, he may seek instructions that why the order of the writ court is not complied with."
Shri Amrendra Singh, learned Additional Chief Standing Counsel, while placing written instructions duly signed by Sub Inspector-Shanshah Khan, P.S. Manaknagar, Lucknow, submits that the applicant-Smt. Rajni Tiwari is not willing to meet her daughter-Vipula Mishra.
The aforesaid instructions are taken on record.
Learned counsel for the applicant also submits that after 21.10.2022, respondent nos. 2 and 3 are not visiting the applicant, forcibly.
Considering the submissions of learned counsel for the applicant as well as learned Additional Chief Standing Counsel and going through the contents of the aforesaid written instructions, the contempt application has lost its efÏcacy and stands dismissed.
Order Date :- 7.12.2022 VKS
Digitally signed by VIVEK KUMAR SRIVASTAVA Date: 2022.12.09 12:00:02 IST Reason: Location: High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the contempt application alleging wilful non-compliance of a writ court order retains vitality given the respondents' ongoing interactions with the applicant.
Rajni Tiwari
Shri Shamim Khan
Hon'ble Rajeev Singh,J.
VIVEK KUMAR SRIVASTAVA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
