Contempt application alleging disobedience of a 2014 writ order was dismissed, the court holding the applicant's remedy lay in approaching the Magistrate under Section 175(3) of the Bharatiya Nyaya Sanhita rather than instituting contempt proceedings.
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Neutral Citation No. - 2025:AHC:14943
Court No. - 1
Case :- CONTEMPT APPLICATION (CIVIL) No. - 433 of 2025
Applicant :- Arun Kumar Opposite Party :- Shri Ajay Kumar Mishra, The Commissioner Of Police & Another
Counsel for Applicant :- Aqueel Ahmad,Kripa Shankar Tiwari,Vaibhav Tyagi,Vinit Kumar Srivastava
Hon'ble Salil Kumar Rai,J.
Heard the counsel for the applicant.
The present contempt application has been filed pleading disobedience of the order dated 4.12.2014 passed by this Court in Civil Misc. Writ Petition No. 52588 of 2014.
The applicant has the remedy to file appropriate application before the concerned Magistrate under Section 175 (3) of the Bharatiya Nyaya Sanhita, 2023 (previously Section 156(3) of the Code of Criminal Procedure, 1973), therefore, I do not consider it a case for instituting proceedings under the Contempt of Courts Act, 1971.
The application is dismissed .
Order Date :- 4.2.2025 Satyam
Digitally signed by :- SATYAM AGRAHARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether disobedience of a writ order warrants contempt proceedings when the applicant has an alternate remedy under Section 175(3) BNSS to approach the Magistrate?
3 provisions across 3 enactments
Arun Kumar
Shri Ajay Kumar Mishra, The Commissioner Of Police
Another
Salil Kumar Rai
As recorded by the court registry
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