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Neutral Citation No. - 2025:AHC:26959-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 103 of 2025 Appellant :- State of UP and 2 Others Respondent :- Laxmi Devi Counsel for Appellant :- Ankit Gaur, S.C. Counsel for Respondent :- Anant Vijai Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This appeal is directed against order dated 24.01.2025 passed in Contempt Application (Civil) No. 8001 of 2024 whereby learned Single Judge on coming to the conclusion that the action of the appellants was in the teeth of the order passed by Court on 19.09.2024 in Writ A No. 10886 of 2024, directed the appellants to remain present before the Court on 05.02.2025.
2. At the outset, learned counsel for the respondent pointed out that pursuant to the order dated 19.09.2024 passed by learned Single Judge in Writ A No. 10886 of 2024, the order dated 01.02.2025 (Page 334) has been issued by the Chief Medical Officer, Kanpur on account of which the contempt application itself has been
disposed of on 05.02.2025, therefore, the appeal has been rendered infructuous.
3. Learned counsel for the appellants attempted to make
submissions that on account of the fact that the appellants were ordered to remain present on 05.02.2025, under pressure, the order dated 01.02.2025 was passed, however, it was clearly indicated therein that the same would be subject to the 'proposed appeal' to be filed qua the order dated 24.01.2025 and, therefore, the present appeal has not been rendered infructuous.
4. We have considered the submissions made by learned counsel for the parties and have perused the material available on record.
5. The order impugned was passed on 24.01.2025. The appellants were well aware that they were required to appear before the learned Single Judge on 05.02.2025. If they were aggrieved of the
order dated 24.01.2025, it was incumbent on the appellants to have approached this Court prior to 05.02.2025. Passing the order dated 01.02.2025 complying with the directions of the learned Single Judge, subject to the filing of proposed appeal against the order dated 24.01.2025, which order is interim in nature, cannot come to the rescue of the appellants as before the present appeal came up before this Court, contempt petition itself stands disposed of on
20.02.2025.
6. The order dated 24.01.2025 has merged in the final order dated 20.02.2025 and, therefore, the present special appeal essentially has been rendered infructuous. Consequently, the same is dismissed as having become infructuous.
Order Date :- 27.2.2025 Sandeep/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- SANDEEP KUMAR High Court of Judicature at Allahabad