SMT. MUNNI DEVI v. STATE OF UTTAR PRADESH AND 4 OTHERS
SPLA/513/2025 · 2025-05-26
Arun Bhansali, Kshitij Shailendra
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55135 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55135 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90170-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 513 of 2025 Appellant :- Smt. Munni Devi Respondent :- State of Uttar Pradesh and 4 others Counsel for Appellant :- Ashutosh Vishwakarma,Ram Kumar Malviya,Sudhir Singh Chauhan Counsel for Respondent :- Ankit Gaur, S.C. Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This appeal is directed against order dated 05.03.2025 passed in Writ - C No. 15547 of 2018.
2. The order impugned is in two parts - wherein an order has been passed finding a prima-facie case of criminal contempt against the counsel representing the appellant and direction has been given to draw contempt proceedings.
3. The second part of the order pertains to the writ petition wherein the Court has noticed that time was granted to take steps for service upon the respondent no. 2 and matter was directed to be listed on 09.01.2025, on which date the case was passed over on account of illness slip of the counsel for the petitioner/appellant and directed to be listed on 07.02.2025 on which date another counsel had sent an illness slip and again the matter was adjourned. On account of the fact that matter was adjourned twice on the illness slip of different counsel, the matter was directed to be listed peremptorily on 05.03.2025.
4. When the matter came up before the Court on 05.03.2025, allegations were made by counsel appearing for appellant before the learned Single Judge, which led to passing of the order for
drawing criminal contempt proceedings against the counsel and as, counsel for the appellant had refused to argue the matter, learned Single Judge has dismissed the writ petition for want of prosecution.
5. In so far as the order of registration of criminal contempt against the counsel for the appellant is concerned, the appellant has no locus standi to question the said order.
6. Qua the order dismissing the writ petition for want of prosecution, the remedy for the appellant is to seek recall of the
order dated 05.03.2025/restoration as the matter has been dismissed for want of prosecution and not on merits.
7. Filing of the appeal against order dismissing the writ petition for want of prosecution cannot be countenanced. The appellant has to avail the remedy seeking recall of the order/restoration.
8. Consequently, the appeal has no substance and the same is, therefore, dismissed leaving it open for the appellant to take appropriate proceedings, as observed hereinbefore.
Order Date :- 27.5.2025 nd (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- NISITH DEY High Court of Judicature at Allahabad