Dismissed

Hariram v. Smt. Mukta Tyagi Chief Judicial Magistrate Sultanpur

Allahabad HC11 Dec 2024CAPL/4633/2024

Case brief

AI extract

What is this about?

In a contempt application challenging an order dated 13.02.2024, the High Court noted that the pending underlying matter involved a delay in receiving an investigative report under Section 202(1) Cr.P.C. The applicant was permitted to withdraw the contempt proceedings.

What did the court decide?

The contempt application was dismissed as not pressed at the stage.

Hariram Vs Smt. Mukta Tyagi Chief Judicial Magistrate… — Contempt of Court | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:82720

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Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 4633 of 2024 Applicant :- Hariram Opposite Party :- Smt. Mukta Tyagi Chief Judicial Magistrate Sultanpur Counsel for Applicant :- J.P. Shukla

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Hon'ble Manish Kumar,J.

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Shri Gaurav Mehrotra, learned counsel for the High Court and the District Courts, on the basis of instructions dated 10.12.2024, received from Additional Chief Judicial Magistrate (A.C.J.M), Court No. 17, Sultanpur, who has wrongly been arrayed as Chief Judicial Magistrate in the present case has submitted that after the passing of the judgment and order dated 13.02.2024 by this Court, short dates were fixed and whenever the counsels presented themselves on behalf of the parties, the statements were recorded. On certain dates, none of the parties had appeared, on certain dates, the counsel for the applicant was not present, on a few dates, the lawyers were abstaining from work and on 2-3 dates, the Officer was on leave, otherwise every endeavour was made to comply the judgment/direction issued by this Court.

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It is further submitted that for passing an order on an application filed under Section 156(3) Cr.P.C, after recording of the statements, a report is to be called from the Investigating Officer, under Section 202(1) Cr.P.C and for that, an order has already been passed on 10.10.2024, thereafter, short dates were given, but the Investigating Officer has not submitted the report, so, the matter was pending, but the matter has been given preference to be decided at earliest, so the judgment and order passed by this Court may not be flouted.

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On being asked from learned counsel for the applicant whether the submission made by the learned counsel for the High Court and the District Courts is correct or not, he has very fairly submitted that the submission made by learned counsel for the High Court and the District Courts is correct.

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After arguing at some length, learned counsel for the applicant has submitted that the applicant may be permitted to withdraw the present contempt application as dismissed as not pressed at this stage.

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As prayed, the present contempt application is dismissed as not pressed at this stage. However, it is expected that the respondent shall make an endeavour to decide the matter as early as possible as directed by the Writ Court.

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Order Date :- 11.12.2024/DiVYa

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

Hariram v. Smt. Mukta Tyagi Chief Judicial Magistrate Sultanpur

Case brief

What is this about?

What did the court decide?

Hariram v. Smt. Mukta Tyagi Chief Judicial Magistrate Sultanpur

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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