In this contempt application, the applicant's counsel argued that the court should not proceed given an alternative remedy exists and prospective violation occurred. The court held proceedings were not warranted against the opposite party.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2024:AHC:125491
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5028 of 2024
Applicant :- Smt. Kusum And Another Opposite Party :- Vidya Sagar Mishra, Sp Counsel for Applicant :- Nitin Mukesh
Hon'ble Salil Kumar Rai,J.
The present contempt application has been filed disobedience of the order dated 19.3.2024 passed by this Court in Writ-C No. 2120 of 2024.
The applicant pleads that the order is being violated by the family members of applicant No. 1 by their act of beating the family members of applicant No. 2.
The applicant has the remedy to file appropriate application under Section 156(3) Cr.P.C./175(3) of Bharatiya Nagarik Suraksha Sanhita, 2023 before the concerned Magistrate or to approach the appropriate writ Court for redressal of his grievance.
It is not a case to institute proceedings against the opposite party for Contempt of Courts Act, 1971.
The application is dismissed.
Order Date :- 5.8.2024 Anurag/-
Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the alleged acts justify prosecution for contempt of court.
Smt. Kusum and Another
Vidya Sagar Mishra, Sp
Anurag Kumar Verma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
