NIRANJAN KUMAR v. SHIVANI TIWARI, SUPERINTENDENT / DIG OF POLICE CBI, A.C.B., CBI LKO. AND 2 OTHERS
CAPL/1843/2025 · 2025-05-30
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 142969 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 142969 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:33848 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 1843 of 2025 Applicant :- Niranjan Kumar Opposite Party :- Shivani Tiwari, Superintendent / Dig Of Police Cbi, A.C.B., Cbi Lko. And 2 Others Counsel for Applicant :- In Person Hon'ble Rajeev Singh,J.
1. Heard applicant in person and Sri Anurag Singh, Special Counsel for C.B.I.
2. The instant contempt application is filed with the prayer to initiate contempt proceedings against the opposite party for deliberate flouting the judgment and order dated 21.11.2024 passed in Application U/S 482 Cr.P.C. No.10318 of 2024.
3. Applicant submits that he was posted as Income Tax Officer and was implicated in a false trap case by C.B.I. Thereafter, charge sheet was submitted in the most mechanical manner and the trial was also proceeded but all the relevant documents were not provided to him. He also preferred an application before the learned trial court which was rejected on 11.9.2024, however, the said
order was challenged before this Court in Application 482 Cr.P.C. No.10318 of 2024 and same was disposed of on 21.11.2024 on the statement given by Special Counsel for the C.B.I. that he will furnish the signed copies of the documents to the applicant and if any copy of any unsigned document is provided, he would be provided the authenticated copy of the document, thereafter, photo copies of the documents were provided on 4.12.2024 but the undertaking given by the Special Counsel for the C.B.I. before the writ court has not been complied with in letter and spirit.
4. Sri Anurag Singh, learned Special Counsel for the C.B.I. submits that one case, i.e., Application U/S 482 No.11643 of 2024 was dismissed on 18.3.2025 with the observation that the said application challenging the validity of the sanction
order at a belated stage, which create obstacles in
dispensation of justice and the application has been filed as an abuse of the process of law and the present contempt application is also filed only with the intention to linger on the criminal trial which is pending since 2015.
5. Considering the submissions of applicant in person and learned counsel for the respondent and going through the contents of the order passed by the writ court as well as other relevant documents, it is evident that four witnesses has already been examined and the trial of the case in question is pending since 2015 related to the trap case. As it is undisputed fact that signed copies of all the relevant documents has already been given to the applicant/accused of the crime in question, in such circumstances, this Court is of the view that no contempt case is made out, accordingly, the same is hereby dismissed.
6. However, it is open to the trial court to proceed, in accordance with the law.
Order Date :- 30.5.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench