In this contempt application, the Court addressed the applicant's remedial options regarding police complaints. The Court noted the existence of a remedy under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita and dismissed the application.
The contempt application was dismissed.
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Neutral Citation No. - 2024:AHC:113248
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 4386 of 2024
Applicant :- Smt. Sameena Opposite Party :- Vidya Sagar Mishra, Superintendent Of Police And Another
Counsel for Applicant :- Dhanraj Singh Yadav,Mazhar Ullah
Hon'ble Salil Kumar Rai,J.
In pursuance to the previous order passed by this Court, the Standing Counsel has obtained instructions and has handed over a copy of the same to the Court, which is taken on record.
On the basis of his instructions, the Standing Counsel brings on record that previously the applicant had filed an application under Section 156(3) Code of Criminal Procedure, 1973 before the concerned Magistrate regarding cognizable offence committed by the police itself and the said application was dismissed for non-prosecution because of the absence of the applicant when the application was taken up for hearing by the concerned Magistrate. Subsequently, another application under Section 156(3) Cr.P.C. was again filed by the applicant, which is still pending consideration before the concerned Magistrate.
The counsel for the applicant states that these applications were filed on different incidents and the present contempt application is regarding different incident.
Be that as it may, the applicant has the remedy to file an application under Section 175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 before the concerned Magistrate.
The application is dismissed .
Order Date :- 16.7.2024 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present contempt application should be maintained given the applicant's remedy to file a Section 175(3) application under the new Code.
2 provisions across 2 enactments
Smt. Sameena
Vidya Sagar Mishra
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
