Allahabad High Court
JAGDISH PRASAD TRIPATHIversusAMIT PAL SHARMA AND 10 OTHERS
- Decided
- Bench
- VIKAS BUDHWAR
Holding
The court dismissed the contempt application as withdrawn, granting the applicant liberty to file a fresh petition.
Summary
The applicant, Jagdish Prasad Tripathi, filed a contempt application seeking to enforce an order dated 12 March 2025 and to punish the respondents for alleged willful disobedience. He subsequently moved the court to withdraw the contempt application, citing an inherent technical defect and requesting liberty to file a fresh petition to avoid irreparable loss. The standing counsel for the respondents raised no objection to the withdrawal. The court examined the request and, finding no impediment, allowed the withdrawal of the contempt application. It dismissed the present application as withdrawn while granting the applicant liberty to initiate fresh proceedings if necessary.
Issues considered
- Whether a contempt application pending before the High Court can be withdrawn at the applicant's request
- Whether the court may grant liberty to the applicant to file a fresh contempt proceeding
Subjects
- contempt of court
- withdrawal of application
- procedural liberty
- technical defect
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CONTEMPT APPLICATION (CIVIL) No. - 6943 of 2026
Jagdish Prasad Tripathi
.....Applicant(s)
Versus
Amit Pal Sharma And 10 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhanraj Singh Yadav
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 allow the contempt application
and further may be pleased to initiate the proceeding for contempt of
Court and issue notice to Opp. Parties/contemnors and punish them for
willful, intentional and deliberate disobedience of order dated 12.3.2025
passed by this Hon'ble Court in Writ B no. 958 of 2025 (Jagdish Prasad
Tripathi and another Vs. State of U.P. 8 others), otherwise the
applicant/petitioner will 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, so that justice may
be done, 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 The present contempt application is dismissed as withdrawn with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.)
October 1, 2026
Rajesh
Digitally signed by :-
RAJESH KUMAR
High Court of Judicature at Allahabad
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