Mulchand Vs Raj Karan Nayyar Senior S.P. Distt. Ayodhya and Another — Allahabad HC (2025) — LawSathi Research

Mulchand Vs Raj Karan Nayyar Senior S.P. Distt. Ayodhya and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Withdrawal of the contempt application permitted, with liberty to file an application before the Magistrate concerned (prayed for under Section 175(3) BNSS); any such application to be considered and decided in accordance with the Writ Court orders dated 25.05.2024 and 02.07.2024.

Issue for consideration

Whether the opposite parties ought to be summoned and prosecuted for willful and deliberate defiance of the Writ Court orders dated 25.05.2024 and 02.07.2024 (passed in Criminal Misc. Writ Petition No.3731 of 2024), the applicant's FIR having still not been lodged despite his complaint to the SSP, Ayodhya.

Court's answer

As directed by the Writ Court, the applicant was required to move an application under Section 156(3) CrPC or Section 200 CrPC before the Magistrate concerned, and admittedly no such application has been filed by the applicant.

Ratio / Principle

The learned counsel's prayer for withdrawal of the present application was allowed.

Key takeaways

The contempt application is disposed of with liberty to the applicant to move an application before the Magistrate concerned.ratio¶¶12
If the applicant moves any such application, it shall be considered and decided in accordance with the Writ Court orders dated 25.05.2024 and 02.07.2024 passed in Criminal Misc. Writ Petition No.3731 of 2024.ratio¶¶14

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Rajeev Singh, J. — Contempt Application (CIVIL) No. 2395 of 2025, Mulchand v. Raj Karan Nayyar, Senior S.P., Distt. Ayodhya and Anr. (Order Date 30.7.2025; Neutral Citation 2025:AHC-LKO:43915). The applicant sought summoning and prosecution of the opposite parties for willful and deliberate defiance of the Writ Court orders dated 25.05.2024 and 02.07.2024 passed in Criminal Misc. Writ Petition No.3731 of 2024, whereby he had been directed to move an application under Section 156(3) CrPC or Section 200 CrPC before the Magistrate concerned; his complaint to the Senior Superintendent of Police, Ayodhya had not resulted in lodging of the FIR. Since the applicant had admittedly filed no such application, and upon his counsel's prayer for withdrawal, the application was disposed of with liberty to move an application before the Magistrate concerned under Section 175(3) BNSS, any such application to be considered and decided in accordance with the aforesaid Writ Court orders.

Neutral Citation No. - 2025:AHC-LKO:43915

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 2395 of 2025

Applicant :- Mulchand Opposite Party :- Raj Karan Nayyar Senior S.P. Distt. Ayodhya And Another Counsel for Applicant :- Durgendra Kumar Tiwari

Hon'ble Rajeev Singh,J.

Heard counsel for the applicant.

The present application has been filed with the prayer to summon and prosecute the opposite parties for willful and deliberate defiance of orders dated 25.05.2024 and 02.07.2024 passed by the Writ Court in Criminal Misc. Writ Petition No.3731 of 2024 (Mulchand Vs. State of UP and Ors.).

Learned counsel for the applicant submits that the FIR of applicant was not being lodged, therefore, he preferred Criminal Misc. Writ Petition No.3731 of 2024. Aforesaid petition was disposed of vide order 25.05.2024 and the said order was corrected vide order dated 02.07.2024. Thereafter, a complaint along with the orders dated 25.05.2024 and 02.07.2024 was given to the Senior Superintendent of Police, Ayodhya by the applicant but till today, FIR has not been lodged.

Considering the submission of learned counsel for the applicant, contents of present application as well as order of Writ Court, it is evident that the applicant was directed to move application either under Section 156(3) CrPC or 200 CrPC before the Magistrate concerned but admittedly, no such application has been filed by the applicant.

At this stage, learned counsel for the applicant submits prays for withdrawal of the present application with liberty to file an application before the Magistrate concerned under Section 175(3) BNSS.

The prayer made is allowed.

Accordingly, the application is disposed of with liberty to the applicant to move an application before the Magistrate concerned.

If any application is moved, same shall be considered and

decided in accordance with the orders dated 25.05.2024 and 02.07.2024 passed by the Writ Court in Criminal Misc. Writ Petition No.3731 of 2024.

Order Date :- 30.7.2025 V. Sinha

Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench