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2025 DAILYLAW 154504 (ALL)

MULCHAND v. RAJ KARAN NAYYAR SENIOR S.P. DISTT. AYODHYA AND ANOTHER

CAPL/2395/2025 · 2025-07-30

Rajeev Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:43915 Court No. - 17 Case :- CONTEMPT APPLICATION (CIVIL) No. - 2395 of 2025 Applicant :- Mulchand Opposite Party :- Raj Karan Nayyar Senior S.P. Distt. Ayodhya And Another Counsel for Applicant :- Durgendra Kumar Tiwari Hon'ble Rajeev Singh,J. 1. Heard counsel for the applicant. 2. The present application has been filed with the prayer to summon and prosecute the opposite parties for willful and deliberate defiance of orders dated 25.05.2024 and 02.07.2024 passed by the Writ Court in Criminal Misc. Writ Petition No.3731 of 2024 (Mulchand Vs. State of UP and Ors.). 3. Learned counsel for the applicant submits that the FIR of applicant was not being lodged, therefore, he preferred Criminal Misc. Writ Petition No.3731 of 2024. Aforesaid petition was disposed of vide order 25.05.2024 and the said order was corrected vide order dated 02.07.2024. Thereafter, a complaint along with the orders dated 25.05.2024 and 02.07.2024 was given to the Senior Superintendent of Police, Ayodhya by the applicant but till today, FIR has not been lodged. 4. Considering the submission of learned counsel for the applicant, contents of present application as well as order of Writ Court, it is evident that the applicant was directed to move application either under Section 156(3) CrPC or 200 CrPC before the Magistrate concerned but admittedly, no such application has been filed by the applicant. 5. At this stage, learned counsel for the applicant submits prays for withdrawal of the present application with liberty to file an application before the Magistrate concerned under Section 175(3) BNSS. 6. The prayer made is allowed. 7. Accordingly, the application is disposed of with liberty to the applicant to move an application before the Magistrate concerned. 8. If any application is moved, same shall be considered and decided in accordance with the orders dated 25.05.2024 and 02.07.2024 passed by the Writ Court in Criminal Misc. Writ Petition No.3731 of 2024. Order Date :- 30.7.2025 V. Sinha Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench