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2025 DAILYLAW 130256 (ALL)

SITARAM MAURYA v. MR. ANIL KUMAR, SUPERINTENDENT OF POLICE, DISTT.- PRATAPGARH AND ANOTHER

CAPL/857/2025 · 2025-03-27

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:17486 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 857 of 2025 Applicant :- Sitaram Maurya Opposite Party :- Mr. Anil Kumar, Superintendent Of Police, Distt.- Pratapgarh And Another Counsel for Applicant :- Gauri Shankar Maurya Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant. 2. The present contempt application is filed with the prayer that order of writ court dated 4.12.2014 passed in Civil Misc. Writ Petition No.52588 of 2014 (Smt. Razeena Bano & Anr. Vs. State of U.P. & Ors.) has been willfully defied by the respondents. 3. Learned counsel for the applicant submits that on 19.2.2025 alleged incident was taken place, by which, cognizable offence is made out and thereafter, on the same day, he went to the police station for lodging of the F.I.R. but F.I.R. was not lodged, then written complaint was given to the Superintendent of Police, Pratapgarh through Registered Post on 24.2.2025, even then, till today, F.I.R. has not been lodged. He further relies on the Circular No. D.G.-69-2004 dated 6.11.2014 issued by the then Director General of Police addressed to all the heads of the Police Department of all districts and aforesaid circular was issued in pursuance of the directions issued by Hon'ble Supreme Court in the case of Lalita Kumari Vs. State of U.P. & Ors. reported in 2014 (1) JIC 166 SC and directed that in case any complaint is made related to the cognizable offence, same shall be registered. He further submits that as the respondent officers violated the directions issued by Hon'ble Supreme Court, therefore, they may be summoned punished accordingly. 4. Learned counsel for the applicant does not dispute this fact that in case, application is given under Section 173(1) & 173(2) of B.N.S.S. (154 Cr.P.C.) but the F.I.R. was not lodged, then there is a provision for moving appropriate application before the learned Magistrate under Section 175(3) of B.N.S.S. (156 (3) Cr.P.C.) but admittedly instead of filing application under the aforesaid provisions, he filed present contempt application. 5. Considering the submissions of learned counsel for the applicant and going through the provisions of Section 175(3) of B.N.S.S., present contempt application is disposed of with the liberty to the applicant to file application before the Magistrate and in case, any, application is filed by the applicant, respondent authority shall consider and decide the same in accordance with the law. Order Date :- 27.3.2025 Gaurav/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench