ANAND GUPTA v. AMRENDRA K. SENGAR COMMISSIONER OF POLICE LUCKNOW AND 4 OTHERS
CAPL/3545/2025 · 2025-11-06
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 180433 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 180433 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CONTEMPT APPLICATION (CIVIL) No. - 3545 of 2025 Court No. - 8 HON'BLE MANISH KUMAR, J. The present contempt application has been preferred for alleged non compliance of the judgment and order dated 15.09.2025. The relevant extracts of the same are quoted hereinbelow:-
"22. Having considered the above including the observations made in the judgment(s) referred above as also that the impugned notice/order which appears to be a printed proforma, the notice/order(s) dated 27.05.2025, 16.07.2025 and 27.05.2025 issued by the Magistrate, are hereby quashed.
23. Accordingly, present application is allowed.
24. Magistrate concerned shall be at liberty to issue a fresh notice/order under Sections 126/135/129 BNSS in accordance of law.
25. Learned counsel for the applicant undertakes to communicate this order to the Magistrate concerned within a period of 15 days from receipt of this order."
Learned counsel for the applicant has submitted that despite the service of the
order passed in the application under Section 528 BNSS, the respondent has issued fresh notice, which is non compliance of the judgment and order passed in the proceedings under Section 528 BNSS. After hearing learned counsel for the applicant and going through the record of the case, it is found that for showing the service upon the respondent, a document has been enclosed at page 32 of the paper book that there is an alleged endorsement of receiving i.e. there is a signature along with the date but neither any stamp nor any designation has been mentioned, who had signed or received the same could not be gathered from the alleged endorsement on the application of the applicant. The submission that the respondent again issued the notice which is in derogation to the order passed in the proceedings under Section 528 BNSS is also not tenable for the reason the Court has given a liberty to the Magistrate to issue afresh notice/order, so it could not be said that the Magistrate issued the notice in defiance of order of this Court passed in proceedings under Section 528 BNSS. Versus Counsel for Applicant(s) : Brijesh Kumar Srivastava, Vinayak Mishra, Vishal Mishra Counsel for Opposite Party(s) :
Anand Gupta .....Applicant(s) Amrendra K. Sengar Commissioner Of Police Lucknow And 4 Others .....Opposite Party(s)
In view of the facts, circumstances and discussion made hereinabove, the present contempt application is devoid of merit and is accordingly dismissed. November 6, 2025 Nitesh CAPL No. 3545 of 2025 2 (Manish Kumar,J.) Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench