Allahabad High Court
BABURAMversusSRI HIMANSHU AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
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A contempt application may be dismissed as withdrawn, with the Court granting liberty to re‑file a fresh application.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 Accordingly, the Court dismissed the contempt application as withdrawn and allowed the applicant to re‑file a fresh application.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- Whether a contempt application may be withdrawn on the ground of an inherent defect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 Accordingly, the contempt application is dismissed as withdrawn with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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