Vikash @ Vikash Verma Vs Chakresh Mishra, S.P. Sitapur — Dowry and Cruelty | Allahabad HC (2025)

Vikash @ Vikash Verma Vs Chakresh Mishra, S.P. Sitapur — Dowry and Cruelty | Allahabad HC (2025)

Court No. - 17

Case :- CONTEMPT APPLICATION (CIVIL) No. - 878 of 2025

Applicant :- Vikash @ Vikash Verma Opposite Party :- Chakresh Mishra, S.P. Sitapur Counsel for Applicant :- Rahul Kannojia,Rajesh Kumar Kashyap

Hon'ble Rajeev Singh,J.

Heard learned counsel for the applicant and learned Standing Counsel.

This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the judgment and order dated 08.01.2025 passed on Crl. Misc. Writ Petition No. 8603 of 2024.

Learned counsel for the applicant submits that marriage of sister of the applicant was solemnized with one Sudheesh s/o Sharda on 13.07.2024. Thereafter, since his sister was killed by her husband and other associates, he lodged F.I.R. No. 408 of 2024, under Sections 80/85 B.N.S. and Section 3/4 D.P. Act on 30.10.2024 at P.S. Ramkot, District Sitapur against Sudheesh, Sonu, Manish, all s/o Sharda r/o Village Kakarahiya Katarganj, P.S. Maholi, Sitapur and Rajendra, Ram Prasad, s/o Jagdev and Kamla Devi w/o Jagdev, all r/o Ahata Kaptan, P.S. Ramkot, Sitapur.

It is further submitted that the investigation of the alleged case was conducted by the Investigating Officer, but on the basis of fabricated documents placed before the court below, he was declared juvenile by Chief Judicial Magistrate, Sitapur treating him to be 16 years of age. Thereafter, the applicant moved application for fresh investigation, but since the same was not being considered, he preferred Crl. Misc. Writ Petition No. 8603 of 2024, which was disposed of vide order 08.01.2025 observing that the learned A.G.A., on the basis of instructions, submitted that the charge sheet has already been filed on 29.12.2024 before Supervisory Authority. The writ Court has given liberty to the applicant to approach

Supervisory Authority within a period of one week and it was also expected from the Supervisory Authority to take appropriate decision on the charge sheet in accordance with law within next three weeks. Submission of the learned counsel for the applicant is that since the order of writ Court was not being complied, present contempt application has been filed

Vide order dated 27.03.2025, learned Additional Chief Standing Counsel was directed to seek instructions in the present matter, in pursuance of which, learned Standing Counsel places written instructions dated 03.05.2025 duly signed by Mr. Satish Chandra Shukla, Circle Officer, Biswan, District Sitapur, which is taken on record.

It is submitted that further investigation was conducted, wherein Sudheesh s/o Sharda was found as juvenile. It is also stated in the instructions that the charge sheet was filed against Sudheesh (husband), who had harassed his wife by demanding the money, as a result, she committed suicide by hanging herself. It is lastly stated that no evidence was found against Rajendra, Ram Prasad @ Kamlesh, Kamla Devi, Manish and Sonu.

Considering the submissions of the learned counsel for the applicant, learned Standing Counsel and going through the order of writ Court as well as the contents of the written instructions, this Court is of the view that the investigation has already been concluded, therefore, no case for contempt is made out.

The contempt application stands dismissed.

However, it is always open to the applicant to ventilate his grievance, if any, before the appropriate forum.

Order Date :- 18.7.2025 VKS

Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Procedural history

How this case reached the court

AI extract

Order under challenge
Judgment and order dated 08.01.2025 disposing Crl. Misc. Writ Petition No. 8603 of 2024, giving the applicant liberty to approach the Supervisory Authority within one week and expecting the Supervisory Authority to take an appropriate decision on the charge sheet (filed 29.12.2024) within the next three weeks; alleged to have been wilfully disobeyed.¶6
Writ Court · 08.01.2025
Prior proceeding
Marriage of the applicant's sister solemnized with Sudheesh s/o Sharda on 13.07.2024.¶7
Prior proceeding
After the sister was killed by her husband and other associates, F.I.R. No. 408 of 2024 was lodged on 30.10.2024 at P.S. Ramkot, District Sitapur under Sections 80/85 B.N.S. and Section 3/4 D.P. Act against Sudheesh, Sonu, Manish (all s/o Sharda), Rajendra, Ram Prasad (s/o Jagdev) and Kamla Devi w/o Jagdev.¶7
Prior proceeding
On the basis of documents alleged by the applicant's counsel to be fabricated, the accused was declared juvenile by the Chief Judicial Magistrate, Sitapur, treating him to be 16 years of age.¶8
Prior proceeding
The applicant's application for fresh investigation was not being considered, so he preferred Crl. Misc. Writ Petition No. 8603 of 2024, which was disposed of vide order dated 08.01.2025, noting that the charge sheet had already been filed on 29.12.2024 before the Supervisory Authority.¶8
Prior proceeding
By the writ order dated 08.01.2025, the applicant was given liberty to approach the Supervisory Authority within one week, and the Supervisory Authority was expected to take an appropriate decision on the charge sheet in accordance with law within the next three weeks.¶9
Prior proceeding
Vide order dated 27.03.2025, the learned Additional Chief Standing Counsel was directed to seek instructions in the present matter.¶10
Prior proceeding
Learned Standing Counsel placed on record written instructions dated 03.05.2025 duly signed by Mr. Satish Chandra Shukla, Circle Officer, Biswan, District Sitapur.¶10
Prior proceeding
Per the written instructions, further investigation was conducted, wherein Sudheesh s/o Sharda was found as juvenile.¶11
Prior proceeding
Per the written instructions, the charge sheet was filed against Sudheesh (husband), who had harassed his wife by demanding money, as a result of which she committed suicide by hanging herself; no evidence was found against Rajendra, Ram Prasad @ Kamlesh, Kamla Devi, Manish and Sonu.¶11