Irfan Ahmad vs Sweta Chaudhary, Civil Judge ...
2022 Latest Caselaw 1638 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 10
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 2419 of 2022
 

 
Applicant :- Irfan Ahmad
 
Opposite Party :- Sweta Chaudhary, Civil Judge (S.D.)
 
Counsel for Applicant :- Ram Bachan Yadav,Ram Sakal Yadav
 

 
Hon'ble Rohit Ranjan Agarwal,J.

After some argument Sri Ram Bachan Yadav, learned counsel for the applicant states that he does not want to press the contempt application and the same may be dismissed as withdrawn.

However, this Court likes to record the fact that earlier the applicant had moved a writ petition under Article 227 of the Constitution being Matters under Article 227 No. 2030 of 2015 wherein an interim order was passed on 07.5.2015. The Court below had proceeded with the matter on the basis of the judgment and direction of the Apex Court in case of Asian Resurfacing of Road Agency Pvt. Ltd. and Another vs. Central Bureau of Investigation, being Criminal Appeal no.1375-1376/2013.

The present contempt application has been preferred against Civil Judge (Senior Division) Mau (Judicial Officer) only to pressurize that the proceedings may not continue before the Court below.

This Court deprecates such type of practice by the applicant. Once the order of Writ Court was not extended, the contempt application filed at the behest of the applicant is not maintainable. No case has been made out against the Judicial Officer by the applicant.

However, after some argument as learned counsel for the applicant who was unable to satisfy the Court that any contempt against the officer concerned is made out, submitted to withdraw the contempt application, this Court, without imposing any cost upon the applicant, permits him to withdraw the contempt application.

The contempt application is dismissed as withdrawn.

Order Date :- 27.4.2022

Kushal