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Allahabad High Court

BABURAMversusSRI HIMANSHU AND 3 OTHERS

Decided

Holding

A contempt application may be dismissed as withdrawn, with the Court granting liberty to re‑file a fresh application.

Summary

The applicant, Baburam, filed a contempt application before the Allahabad High Court. Counsel for the applicant later sought to withdraw the application, citing an inherent defect in the pleading. The applicant also requested liberty to file a fresh contempt application if necessary. The Court considered whether it could entertain the withdrawal and grant such liberty. Accordingly, the Court dismissed the contempt application as withdrawn and allowed the applicant to re‑file a fresh application.

Issues considered

  • Whether a contempt application may be withdrawn on the ground of an inherent defect
  • Whether the Court can grant liberty to re‑file a fresh contempt application after withdrawal

Subjects

  • contempt
  • withdrawal
  • procedural defect
  • high court
  • re‑filing

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                   CONTEMPT APPLICATION (CIVIL) No. - 6084 of 2026

                                    Baburam
                                                                                               .....Applicant(s)
                                                                       Versus

                                    Sri Himanshu And 3 Others
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)      : Anil Kumar Yadav, Raj Kumar Singh
                                    Counsel for Opposite Party(s) :


                                    Court No. - 53
                                                          HON'BLE VIKAS BUDHWAR, J.

                                    1. Learned counsel for the applicant seeks to withdraw the present contempt
                                    application, on account of inherent defect, with liberty to file afresh.

                                    2. Accordingly, the contempt application is dismissed as withdrawn with
                                    the aforesaid liberty.

                                    September 8, 2026
                                    N.S.Rathour

                                                                                          (Vikas Budhwar,J.)




Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad


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