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Allahabad High Court

HEMANT KUMAR SHARMAversusCOMMISSIONER OF POLICE AND AND ANOTHER

Decided

Holding

The contempt application is dismissed as withdrawn, with liberty to the applicant to file a fresh petition.

Summary

The applicant, Hemant Kumar Sharma, filed a contempt application seeking to punish the respondents for allegedly disobeying and routing a judgment dated 4 December 2014 in the case of Smt Razeena Bano & others v. State of U.P. The applicant later moved the court to withdraw the contempt petition, citing a technical defect and requesting liberty to file a fresh application. The learned Standing Counsel for the respondents did not oppose the withdrawal. The court examined the request and, finding no objection, allowed the withdrawal. Consequently, the contempt application was dismissed as withdrawn, with liberty granted to the applicant to file a fresh petition if desired. The order was pronounced by Justice Vikas Budhwar on 1 October 2026.

Issues considered

  • Whether a contempt application can be withdrawn at the applicant's request
  • Whether the court may grant liberty to file a fresh contempt petition after withdrawal

Subjects

  • contempt of court
  • withdrawal of petition
  • procedural defect
  • high court jurisdiction

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                               CONTEMPT APPLICATION (CIVIL) No. - 6949 of 2026

                                    Hemant Kumar Sharma
                                                                                                .....Applicant(s)
                                                                     Versus

                                    Commissioner Of Police And And Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                        :   Sunil Kumar
                                    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 punish the opposite
                                    parties/contemnors for deliberately disobeying and Routing the judgment
                                    and order dated 04.12.2014 passed by this Hon'ble Court in Wit C No.
                                    52588 of 2014 (Smt. Razeena Bano and another Vs. State of U.P. and 3
                                    others), and punish him in accordance with law under the, 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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