Allahabad High Court
RIYAJ HASAN, CONSTABLE 876 CPversusSHRI KRISHNA KUMAR BISHNOI, SUPERINTENDENT OF POLICE
- Decided
- Bench
- VIKAS BUDHWAR
Holding
Since the Superintendent of Police has indicated that the pending inquiry will be concluded within three weeks, the contempt application is consigned to the record and the notices are discharged.
Summary
Constable Riyaj Hasan filed a contempt application alleging wilful defiance of the Allahabad High Court’s order dated 29‑08‑2025 in Writ‑A No. 42155 of 2016. The Court directed that the application be served on the Additional Chief Standing Counsel, who produced instructions showing that an inquiry had been conducted, a show‑cause notice issued and a sum of Rs 24,30,735 credited to the applicant. The applicant contended that he remained under suspension and that the writ Court’s directive to complete the inquiry within a specified time had not been fulfilled. The Additional Chief Standing Counsel later produced further instructions stating that the inquiry would be finalized within three weeks of the hearing. In view of these assurances, the Court consigned the contempt application to the record, discharged the notices and left open the possibility of a fresh application if the writ order remains unimplemented.
Issues considered
- Whether the alleged failure to complete the police inquiry within the time‑frame prescribed by the writ order amounts to contempt of the High Court.
Subjects
- contempt of court
- police inquiry
- suspension of government servant
- compliance with court order
- High Court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 5993 of 2026
Riyaj Hasan, Constable 876 Cp
.....Applicant(s)
Versus
Shri Krishna Kumar Bishnoi, Superintendent Of Police
.....Opposite Party(s)
Counsel for Applicant(s) : Ajatshatru Singh, Ashutosh Singh
Counsel for Opposite Party(s) :
Court No. - 53
HON'BLE VIKAS BUDHWAR, J.
1. The contempt application has been preferred alleging wilful defiance of
the order dated 29.08.2025 passed in Writ-A No. 42155 of 2016.
2. This Court on 02.09.2026 proceeded to pass the following orders:-
"Let a copy of the contempt application be served upon Sri P.K. Tripathi,
learned Addl. Chief Standing Counsel who shall seek instructions.
Put up this case on 24.09.2026 as fresh."
3. Today, when the matter was taken up pre-recess at that point of time Shri
Prabhuti Kant Tripathi, learned Additional Chief Standing Counsel has
produced before this Court instructions dated 21.09.2026 of the
Superintendent of Police, Bijnor, according to which inquiry has been
conducted and inquiry report has been submitted dated 21.05.2025 and show
cause notice has also been issued to the applicant which has not been denied
by the applicant and an amount of Rs. 24,30,735/- has been credited in the
bank account of the applicant.
4. Learned counsel for the applicant submitted that the applicant is still in
suspension and the part of the writ Court's order requiring the inquiry
proceedings to be conducted within time frame has not been done.
5. On the request of Shri Prabhuti Kant Tripathi, learned Additional Chief
Standing Counsel the matter was deferred and posted at 4:00 PM.
6. At 4:00 PM, Shri Prabhuti Kant Tripathi has produced before this Court
instructions dated 24.09.2026 of the Superintendent of Police, Bijnor,
according to which, within a period of three weeks from today, the order of
the writ Court would be complied with and inquiry would be given a final
shape and conclusion.
7. The instructions dated 24.09.2025 and 11.09.2025 and 21.09.2026 and
24.09.2026 are taken on record and marked as 'A'.
8. In view of the statement so made by Shri Prabhuti Kant Tripathi, learned
Additional Chief Standing Counsel based upon the instructions so
CAPL No. 5993 of 2026
2
forwarded, the contempt application is consigned to record, notices
discharged, leaving it open to the applicant to again approach, in case,
anything survives or the order of the writ Court is not complied with.
September 24, 2026
Rajesh
(Vikas Budhwar,J.)
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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