Disposed

Dr. Sudershan Kumar v. Sri Sunil Kumar II Addl. Chief Judicial Magistrate-I Lko

Allahabad HC9 Jul 2024CAPL/2221/2019

Case brief

AI extract

What is this about?

Application for contempt was filed against the Additional Chief Judicial Magistrate for disobeying an order dated 15.5.2018. The court found the applicant had not apprised the trial court of the directions. The application was disposed of with liberty to file a fresh application.

What did the court decide?

Contempt application disposed of with liberty to the applicant to file a fresh application before the trial court apprising the direction passed by the High Court.

Dr. Sudershan Kumar Vs Sri Sunil Kumar II Addl. Chief… — Contempt of Court | Allahabad HC (2024)

¶1

Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2221 of 2019 Applicant :- Dr. Sudershan Kumar Opposite Party :- Sri Sunil Kumar Ii Addl. Chief Judicial Magistrate-I Lko Counsel for Applicant :- Anil Kumar Tiwari,Ujjawal Tewari

¶2

Hon'ble Rajeev Singh,J.

¶3

1. Heard.

¶4

The present contempt application is filed against the opposite party for intentional willful and deliberate fjouting and disobeying the order dated 15.5.2018 passed by this Court in Criminal Misc. Case No.2905 of 2018 (Dr. Sudarshan Kumar Vs. State of U.P. & Anr.).

¶5

Learned counsel for the applicant submits that applicant is the informant in Case Crime No.747 of 2009 under Sections 420, 465, 471, 427 I.P.C. & Section 43/66 of I.T. Act, P.S. Hazratganj, District Lucknow, charge sheet no.187 of 2011 was filed by the Investigating OfÏcer and cognizance was taken by the trial court but the trial is not going on. He further submits that Application U/S 482 No.2905 of 2018 was filed before this Court, which was disposed of on 15.5.2018 and order was placed before the trial court but only adjournments are being given (copy of the order sheet of the learned trial court is annexed as S.A. 1 with the supplementary afÏdavit filed in contempt application) in place of complying the order of the writ court.

¶6

Considering the submissions of learned counsel for the applicant and going through the order of the writ court as well as order sheet of the learned trial court, it is evident that applicant has not pointed learned trial court about the direction of this court dated 15.5.2018.

¶7

Accordingly, the contempt application is disposed of with the liberty to the applicant to file fresh application before the trial court apprising the direction passed by this Court on 15.5.2018 for deciding application under Section 197 Cr.P.C. as well as recorded statement of the witnesses.

¶8

Order Date :- 9.7.2024/Gaurav/-

¶9

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

Dr. Sudershan Kumar v. Sri Sunil Kumar II Addl. Chief Judicial Magistrate-I Lko

Case brief

What is this about?

What did the court decide?

Dr. Sudershan Kumar v. Sri Sunil Kumar II Addl. Chief Judicial Magistrate-I Lko

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ashutosh Jhurele, Thru. Power of Attorney Holder Gavrav Pant Vs Sri. Manish Kumar Verma, D.M., / Collector, Gautam Budh Nagar

Sohan Lal Vs Smt. Harsita Mathur, D.M., Raebareli

Pancham Vs Sri Pradeep Kumar Singh , Tehsildar , Tehsil Milkipur Distt. Ayodhya

Ram Bhawan Nishad vs Shri Deepankar Tehsildar (Judicial ) Tehsil Bikapur Distt. Ayodhya

Phoolmati and Another vs Ram Khelawan

M/S Reliance Motors through Its First Partner Rama Kant Sing Vs Sada Kant and Anr.