Allahabad High Court
BHAIYAN LALversusSHRI GYAN SINGH YADAV AND ANOTHER
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court held that the contempt application shall be consigned to the record pending service of the instructions.
Summary
Bhaiyan Lal filed a contempt application alleging that the respondents willfully defied an order dated 11 March 2026 issued by the Chief Judicial Magistrate, Kaushambi, in Misc. Application No. 05 of 2026. The court was presented with instructions that included a copy of FIR No. 0302 dated 28 September 2026, which the applicant’s counsel did not dispute. The court directed that a copy of these instructions be served on the applicant’s counsel. Consequently, the contempt application was consigned to the record for further consideration. The instructions were entered into the record as Appendix ‘A’. The judgment was pronounced on 1 October 2026 by Justice Vikas Budhwar.
Issues considered
- Whether the respondents willfully defied the order dated 11/03/2026, constituting contempt of court
- Whether the contempt application should be dismissed or retained for further proceedings
Legislation cited
- Code of Criminal Procedure, 1973 — s. 173(4)
Subjects
- contempt of court
- willful defiance
- order enforcement
- FIR
- procedural direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6626 of 2026
Bhaiyan Lal
.....Applicant(s)
Versus
Shri Gyan Singh Yadav And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pradeep Kumar
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 11/03/2026 passed by learned Chief Judicial
Magistrate, Kaushambi passed in Misc. Application No. 05 of 2026 (
Bhaiyan Lal Vs. Bhawar Singh And Others) Under Section 173 (4) of
B.N.S.S. Police Station Sarai Akil, District Kaushambi.
2. Today instructions have been produced containing therewith a copy of the
FIR dated 28.09.2026 being FIR No. 0302.
3. The said fact has not been disputed by the learned counsel for the
applicant.
4. Let a copy of the instructions be served upon the learned counsel for the
applicant.
5. Accordingly, the contempt application stands consigned to record.
6. Instructions filed today are taken on record and marked as Appendix 'A'.
October 1, 2026
N.S.Rathour
(Vikas Budhwar,J.)
Digitally signed by :-
NIPENDRA SINGH RATHOUR
High Court of Judicature at Allahabad
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