Devendra Gupta vs Shivasimpi Channappa, Deputy ...
2023 Latest Caselaw 533 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 6
 

 
Case :- CONTEMPT APPLICATION (CIVIL) No. - 3108 of 2022
 

 
Applicant :- Devendra Gupta
 
Opposite Party :- Shivasimpi Channappa, Deputy Commissioner Of Police West, Lko.
 
Counsel for Applicant :- Prashant Shukla
 

 
Hon'ble Rajnish Kumar,J.

Shri Sunil Bajpai, learned Standing Counsel submits that the order passed by the writ court has been complied with and the application of the applicant has been dismissed by means of order dated 17.12.2022 observing that the applicant has already filed the case crime No.361 of 2022, under Section 506 IPC, Police Station Krishna Nagar, district-Lucknow with the same allegations, a copy of the same has been provided to learned counsel for the applicant and produced before this court, which is taken on record.

Learned counsel for the applicant could not dispute that the application has been disposed of. However he submits that the application has not been disposed of considering the case of Lalita Kumari Versus Government of U.P. and others; (2014) 2 SCC 1, which was to be taken in to consideration. However it has been found that with the same allegations the FIR was lodged and the trial is pending the second FIR cannot be registered in view of the judgment of the Hon'ble Supreme Court in the case of T.T.Antony. This court is of the view that substantial compliance of the order has been made. However if the applicant is still aggrieved he may avail appropriate remedy as may be available under law against the order dated 17 December 2022.

With the aforesaid the application is dismissed.

.

...................................(Rajnish Kumar,J.)

Order Date :- 5.1.2023

Banswar