Allahabad High Court
AZAD KHANversusSAZIDA KHATOON @ SANJEEDA KHATOON AND 3 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The contempt application is dismissed as withdrawn, with liberty to the applicant to file a fresh petition.
Summary
The applicant, Azad Khan, filed a contempt application seeking to summon and punish the opposite parties for willful disobedience of a court order dated 17 December 2024 in Civil Misc. Writ‑C No. 35752 of 2024. The applicant later moved to withdraw the contempt application, citing an inherent technical defect and the liberty to file a fresh petition. The standing counsel for the opposite parties raised no objection to the withdrawal. The court considered the request and the lack of opposition, and consequently dismissed the contempt application as withdrawn, granting the applicant liberty to file a fresh petition if required. No substantive merits of the contempt allegation were adjudicated.
Issues considered
- Whether a contempt application can be withdrawn at the applicant's request
- Whether the court should dismiss the contempt application upon withdrawal
Subjects
- contempt of court
- withdrawal of application
- civil procedure
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6690 of 2026
Azad Khan
.....Applicant(s)
Versus
Sazida Khatoon @ Sanjeeda Khatoon And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Md Zakir Husain, Nuruddin Khan
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 wherein prayer is to summon and punish the
contemnors / opposite parties for willful and deliberate disobedience of
the order dated 17.12.2024 passed by this Hon'ble Court in Civil Misc.
Writ -C No. 35752 of 2024 (Azad Khan Vs. State of U.P. and 5 others),
otherwise the applicant shall suffer irreparable loss and injury. And/or
pass such other and further order which this Hon'ble Court may deem fit
and proper under the facts and circumstances of the case, due to inherent
technical defect with liberty to file fresh.
2. Learned Standing Counsel has no objection to the same.
3. The present contempt application is dismissed as withdrawn with
liberty as aforesaid.
(Vikas Budhwar,J.)
September 23, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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