Allahabad High Court
BITTHAL GUPTA AND 2 OTHERSversusSHRI AKHIL KUMAR, COMMISSIONER OF POLICE AND ANOTHER
- Decided
- Bench
- ROHIT RANJAN AGARWAL
Holding
The court held that the opposite party had complied with the writ court's direction, rendering the contempt application infructuous.
Summary
The writ court on 15 March 2024 directed the opposite party to conclude a pending investigation. The opposite party filed an affidavit on 27 July 2024 stating that the investigation was completed and a report was submitted on 2 May 2024 before the Assistant Commissioner of Police. Subsequently, a re‑investigation order was issued and a second report dated 6 June 2024 was filed before the ACMM‑I, Kanpur Nagar on 21 June 2024. The court found that the investigation had indeed been concluded and the required report was placed before the appropriate authority, thereby satisfying the writ court's directive. Consequently, the contempt application filed by the petitioners was held to be infructuous and was dismissed. The contempt notice was also discharged.
Issues considered
- Whether the opposite party complied with the writ court's direction to conclude the investigation.
- Whether the filing of a contempt application was maintainable after compliance.
Subjects
- contempt of court
- writ jurisdiction
- investigation compliance
- High Court of Allahabad
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 4210 of 2024
Bitthal Gupta And 2 Others
.....Applicant(s)
Versus
Shri Akhil Kumar, Commissioner Of Police And
Another .....Opposite
Party(s)
Counsel for Applicant(s) : Alok Kumar Srivastava, Shweta
Srivastava
Counsel for Opposite Party(s) :
Court No. - 9
HON'BLE ROHIT RANJAN AGARWAL, J.
1. The writ Court on 15.3.2024 had directed to conclude the investigation
in question.
2. In compliance affidavit filed on behalf of opposite party on 27.7.2024 it
has been stated that investigation has been concluded and report was
submitted on 2.5.2024 before the Assistant Commissioner of Police.
Thereafter, an order of re-investigation was passed and again report dated
6.6.2024 has been submitted before the Court of ACMM-I, Kanpur Nagar
on 21.6.2024.
3. As investigation has been concluded by the Inquiry Officer and report
has been submitted before the court concerned, the order of writ Court has
been complied with by the opposite party.
4. Contempt application has rendered infructuous and same stands
dismissed. Contempt notice stands discharged.
(Rohit Ranjan Agarwal,J.)
April 23, 2026
Shekhar
Digitally signed by :-
SHASHI SHEKHAR PANDEY
High Court of Judicature at Allahabad
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