The court dismissed a contempt application alleging illegal detention, holding that the legality of detention and the power to order release lie with the court competent to issue writs of habeas corpus, not in contempt proceedings.
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Neutral Citation No. - 2024:AHC:146173
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 5693 of 2024
Applicant :- Pappu Dixit @ Ajay Dixit Opposite Party :- Sri Depankar Bharti, Jailor Counsel for Applicant :- Hitesh Pachori
Hon'ble Salil Kumar Rai,J.
In pursuance to the previous order passed by this Court, the Standing Counsel has obtained instructions in the matter 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 states that the applicant has not been released because of pendency of other cases in which he has been taken into custody.
The counsel for the applicant contends that there are no judicial orders permitting the custody of the applicant in the cases referred in the instructions submitted by the Standing Counsel.
The grievance of the applicant in the contempt application, in effect, is that he has been illegally detained by the opposite party.
The legality of the detention of the applicant and the power to pass an order for release the applicant is to be considered by the Court having the jurisdiction to issue writs of Habeas Corpus.
It is not a case for institution of contempt proceedings. The contempt application is dismissed.
The applicant may exercise the remedy available to him in law.
Order Date :- 9.9.2024 IB
Digitally signed by :- ITU BANERJEE High Court of Judicature at Allahabad
1 issue framed by the court
Whether the applicant's detention warrants initiation of contempt proceedings?
Pappu Dixit @ Ajay Dixit
Sri Depankar Bharti
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
