A contempt application alleging disobedience of an earlier writ order was dismissed as the court noted that the applicant's remedy lay in challenging the Magistrate's rejection of her Section 156(3) Cr.P.C. complaint in appropriate proceedings.
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Neutral Citation No. - 2024:AHC:123510
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4326 of 2024
Applicant :- Sunita Opposite Party :- Shri Rajesh S, Ssp And Another Counsel for Applicant :- Umesh Chandra Prajapati
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present contempt application has been filed pleading disobedience of the order dated 4.12.2014 passed by this Court in Civil Misc. Writ Petition No. 52588 of 2014.
The applicant has the remedy to file an application under Section 156(3) Cr.P.C. / Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023.
It has been stated in paragraph - 13 of the affidavit that an application under Section 156(3) Cr.P.C. was filed but the same has been rejected by the concerned Magistrate.
The applicant has the remedy to challenge the order passed by the concerned Magistrate in appropriate proceedings.
The application is dismissed .
Order Date :- 1.8.2024 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the contempt application for disobedience of the writ order dated 4.12.2014 was maintainable when the Magistrate had rejected the applicant's Section 156(3) application.
2 provisions across 2 enactments
Sunita
Shri Rajesh S, SSP
Another
Salil Kumar Rai
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
