Shyam Kumar Gupta vs Sri Yuvraj Singh,City Magistrate ...
2021 Latest Caselaw 668 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 17
 
Case :- CONTEMPT No. - 2028 of 2020
 
Applicant :- Shyam Kumar Gupta
 
Opposite Party :- Sri Yuvraj Singh,City Magistrate Raebareli & Anr.
 
Counsel for Applicant :- Anil Kumar Mishra
 

 
Hon'ble Abdul Moin,J.

List revised.None appears for the applicant even in the revised call.

Compliance affidavit filed today by learned Standing counsel on behalf of respondent no. 1 is taken on record.

Sri S.K.Singh, learned counsel appearing for the respondent no. 2 submits that the present contempt petition has been filed alleging non compliance of the interim order dated 17.01.2018 passed in an application filed under Section 482/378/407 No. 147 of 2018 Inre; Shyam Kumar Gupta Vs. State of U.P and Ors.

It is contended that subsequent thereto, the aforesaid application has been finally decided vide judgment and order dated 15.12.2020 whereby the City Magistrate, Raebareli has been directed to proceed with deciding the rival claims made by the applicant and respondent no. 2 after giving full opportunity to both the parties. It is contended that taking into consideration that the matter has been finally decided, the contempt petition has been rendered infructuous.

Taking into consideration that the application under Section 482 No. 147 of 2018 in which an interim order had been passed on 17.01.2018 alleging non compliance of which the present contempt petition has been filed, has already been decided vide judgment and order dated 15.12.2020, the contempt petition is dismissed. Notices are discharged.

However, the applicant would be at liberty to approach appropriate Court in appropriate proceedings, in case any cause of action or grievance still subsists.

Order Date :- 11.1.2021

Pachhere/-