Dismissed

Genda Vati v. Sh. Amrendra K. Sengar Commissioner of Police Lucknow and Others

Allahabad HC3 Sept 2024/3414/2024

Case brief

AI extract

What is this about?

The Allahabad High Court, Lucknow Bench, dismissed a contempt application filed under Writ-C No. 3414 of 2024. The Court held the application was misconceived as the statutory remedy under Section 175(3) of B.N.S.S., 2023 was available to the applicant to approach the Magistrate regarding the non-filing of FIR.

What did the court decide?

Contempt application dismissed. Applicant advised to move application before Magistrate under Section 175 of B.N.S.S., 2023.

Genda Vati Vs Sh. Amrendra K. Sengar Commissioner of… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:60820

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Court No. - 17

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Case :- CONTEMPT APPLICATION (CIVIL) No. - 3414 of 2024

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Applicant :- Genda Vati Opposite Party :- Sh. Amrendra K. Sengar Commissioner Of Police Lucknow And Others Counsel for Applicant :- Anas Ahmad,Anupam Verma

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Hon'ble Rajeev Singh,J.

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In pursuance of earlier order dated 30.08.2024, inquest report and postmortem report are placed before this Court, which are taken on record.

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Heard.

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The instant contempt application has been filed by the applicant alleging disobedience of the order dated 04.12.2014 passed in Writ-C No. 52588 of 2014.

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Learned counsel for the applicant submits that as the body of the son of the applicant was found and after receiving that information from concerned police station, the applicant visited the police station. Thereafter, the inquest and post-mortem of the body of deceased was conducted and the some injury was found on the body of the deceased. A complaint was made for lodging the same, but it was not registered.

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It is further submitted that this controversy has already been decided by this Court in Writ-C No. 52588 of 2014 that the Constitution Bench of Hon'ble Supreme Court in the case of Lalita Kumari vs. Stat of U.P. and others ; (2014) 2 SCC 1 has already decided that if the information related to the cognizable offense is received, then F.I.R. must be lodged.

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It is next submitted that in the present case, F.I.R. of the applicant was not lodged.

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It is undisputed fact that there is a statutory remedy under Section 175 (3) of B.N.S.S., 2023 that if the F.I.R. is not lodged then appropriate application can be moved before concerned Magistrate who is empowered to issue necessary directions.

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In such circumstances, the contempt application is misconceived and accordingly stands dismissed .

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However, it is open to the applicant to move appropriate application before the Magistrate concerned under the provisions of Section 175 of B.N.S.S., 2023.

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Order Date :- 3.9.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Genda Vati v. Sh. Amrendra K. Sengar Commissioner of Police Lucknow and Others

Case brief

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Genda Vati v. Sh. Amrendra K. Sengar Commissioner of Police Lucknow and Others

Case brief

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