Allahabad High Court
HEMANT KUMAR SHARMAversusCOMMISSIONER OF POLICE AND AND ANOTHER
- 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The contempt application is dismissed as withdrawn, with liberty to the applicant to file a fresh petition.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, 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 Consequently, the contempt application was dismissed as withdrawn, with liberty granted to the applicant to file a fresh petition if desired.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- Whether a contempt application can be withdrawn at the applicant's request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 The present contempt application is dismissed as withdrawn with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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