MRS. BABLESH SINGH v. MR. KESHAV KUMAR CHOUDHARY INCUMBENT DEPUTY INSPECTOR GEN. OF POLICE JHANSI AND ANOTHER
CAPL/994/2025 · 2025-04-07
Ashwani Kumar Mishra
Contempt Petitionbody2025
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[ 2025 DAILYLAW 132099 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 132099 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:19341 Court No. - 16 Case :- CONTEMPT APPLICATION (CIVIL) No. - 994 of 2025 Applicant :- Mrs. Bablesh Singh Opposite Party :- Mr. Keshav Kumar Choudhary Incumbent Deputy Inspector Gen. Of Police Jhansi And Another Counsel for Applicant :- Pradeep Kumar Shukla,Skand Bajpai Hon'ble Ashwani Kumar Mishra,J.
1. This contempt petition has been filed alleging disobedience of the order passed by this Court in Criminal Misc. Writ Petition No.5196 of 2024, dated 06.01.2025, which is reproduced hereinafter:-
"Heard learned counsel for the petitioner and learned A.G.A. for the State as well as perused the record. Learned A.G.A., who is present for the State, on instructions, states that in this case, Final Report has been filed before the Supervisory Authority on
17.12.2024. He has also filed a counter affidavit today in the Court, which is taken on record. In view of above, petitioner is permitted to approach the Supervisory Authority by moving an application, if she is aggrieved, within ten days from today and the Supervisory Authority is directed to pass appropriate order on the application of the petitioner, if so moved within four weeks thereafter. Accordingly, the present writ petition stands disposed of."
2. Counsel for the applicant submits that the supervisory authority in the present case was the D.I.G. and that the Addl. S.P. has no jurisdiction to vet or approve the closure report before it has been sent to the court concerned. 3. Admittedly, the applicant before this Court in the present petition is the informant. Law is well settled that at the stage of acceptance or otherwise of the closure report the informant will have right of audience before the court concerned. The question as to which would be the supervisory authority would not make much of difference, inasmuch as the vetting of closure report by the higher authority is a part of the internal mechanism and the question as to whether closure report has to be accepted or not would be an aspect to be gone into finally by the concerned Magistrate. None of rights of the applicant/informant is shown to be violated at this stage. The Code of Criminal Procedure otherwise does not obligate the supervisory authority to pass a detailed order before forwarding the final report to the court.
In
such circumstance, it cannot be said that forwarding of the closure report to the concerned court amounts to an willful act of disobedience of the order of this Court for which cognizance is required to be taken of contempt in the facts of this case. 4. Leaving it open for the petitioner to place her grievance before the concerned court where the issue of acceptance of closure report would be looked into, this contempt petition is consigned to records. Order Date :- 7.4.2025 Ashok Kr. Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad, Lucknow Bench