VIKASH @ VIKASH VERMA v. CHAKRESH MISHRA, S.P. SITAPUR
CAPL/878/2025 · 2025-07-18
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130560 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130560 (ALL) · dailylaw.ai ]
Judgment text
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Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 878 of 2025 Applicant :- Vikash @ Vikash Verma Opposite Party :- Chakresh Mishra, S.P. Sitapur Counsel for Applicant :- Rahul Kannojia,Rajesh Kumar Kashyap Hon'ble Rajeev Singh,J.
1. Heard learned counsel for the applicant and learned Standing Counsel.
2. This application under Section 12 of the Contempt of Courts Act has been filed alleging wilful disobedience of the
judgment and order dated 08.01.2025 passed on Crl. Misc. Writ Petition No. 8603 of 2024.
3. Learned counsel for the applicant submits that marriage of sister of the applicant was solemnized with one Sudheesh s/o Sharda on 13.07.2024. Thereafter, since his sister was killed by her husband and other associates, he lodged F.I.R. No. 408 of 2024, under Sections 80/85 B.N.S. and Section 3/4 D.P. Act on 30.10.2024 at P.S. Ramkot, District Sitapur against Sudheesh, Sonu, Manish, all s/o Sharda r/o Village Kakarahiya Katarganj, P.S. Maholi, Sitapur and Rajendra, Ram Prasad, s/o Jagdev and Kamla Devi w/o Jagdev, all r/o Ahata Kaptan, P.S. Ramkot, Sitapur. It is further submitted that the investigation of the alleged case was conducted by the Investigating Officer, but on the basis of fabricated documents placed before the court below, he was declared juvenile by Chief Judicial Magistrate, Sitapur treating him to be 16 years of age. Thereafter, the applicant moved application for fresh investigation, but since the same was not being considered, he preferred Crl. Misc. Writ Petition No. 8603 of 2024, which was disposed of vide order 08.01.2025 observing that the learned A.G.A., on the basis of instructions, submitted that the charge sheet has already been filed on 29.12.2024 before Supervisory Authority. The writ Court has given liberty to the applicant to approach
Supervisory Authority within a period of one week and it was also expected from the Supervisory Authority to take appropriate decision on the charge sheet in accordance with law within next three weeks. Submission of the
learned counsel for the applicant is that since the order of writ Court was not being complied, present contempt application has been filed
4. Vide order dated 27.03.2025, learned Additional Chief Standing Counsel was directed to seek instructions in the present matter, in pursuance of which, learned Standing Counsel places written instructions dated 03.05.2025 duly signed by Mr. Satish Chandra Shukla, Circle Officer, Biswan, District Sitapur, which is taken on record. It is submitted that further investigation was conducted, wherein Sudheesh s/o Sharda was found as juvenile. It is also stated in the instructions that the charge sheet was filed against Sudheesh (husband), who had harassed his wife by demanding the money, as a result, she committed suicide by hanging herself. It is lastly stated that no evidence was found against Rajendra, Ram Prasad @ Kamlesh, Kamla Devi, Manish and Sonu.
5. Considering the submissions of the learned counsel for the applicant, learned Standing Counsel and going through the order of writ Court as well as the contents of the written instructions, this Court is of the view that the investigation has already been concluded, therefore, no case for contempt is made out.
6. The contempt application stands dismissed.
7. However, it is always open to the applicant to ventilate his grievance, if any, before the appropriate forum.
Order Date :- 18.7.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench