Allahabad High Court
RAJESHversusSMT NIDHI BHARDWAJ, SUB DIVISIONAL MAGISTRATE (SDM) SADAR
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The Court held that the order of the Writ Court was substantially complied with, so no contempt existed.
Summary
Rajesh filed a contempt application against Smt Nidhi Bhardwaj, the Sub Divisional Magistrate, alleging willful defiance of an order dated 07-08-2025 passed in Criminal Miscellaneous Writ Petition No. 17249 of 2025. The High Court sought instructions on the matter and received them, noting that the proceedings related to the writ petition were decided on 17-03-2026. Upon review, the Court found that the order of the Writ Court had been substantially complied with by the respondent. Consequently, the alleged contempt was not established. The contempt application was therefore consigned to the record, effectively dismissing it. A copy of the instructions was ordered to be served on the applicant's counsel.
Issues considered
- Whether the respondent willfully defied the order dated 07-08-2025 in Criminal Misc. Writ Petition No. 17249 of 2025
- Whether the alleged non‑compliance amounts to contempt of court
Subjects
- contempt
- willful defiance
- compliance
- High Court
- writ petition
- civil contempt
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5609 of 2026
Rajesh
.....Applicant(s)
Versus
Smt Nidhi Bhardwaj, Sub Divisional Magistrate
(Sdm) Sadar .....Opposite
Party(s)
Counsel for Applicant(s) : Arun Kumar Bhatt, Zafar Ali
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The present contempt application has been preferred alleging willful
defiance of the order dated 07.08.2025 passed in Criminal Misc. Writ
Petition No. 17249 of 2025.
2. This Court sought instructions.
3. Today, instructions have been produced according to which, the
proceedings have been decided on 17.03.2026.
4. Since the order of the Writ-Court has been substantially complied with,
the contempt application is consigned to record.
5. Let a copy of the instructions be served upon the counsel for the applicant.
6. Instructions filed today are taken on record and marked as Appendix 'A'.
September 23, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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