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Neutral Citation No. - 2025:AHC:108113-DB Chief Justice's Court Case :- SPECIAL APPEAL No. - 640 of 2025 Appellant :- Mohammad Junaid Respondent :- State of U.P. and 4 others Counsel for Appellant :- Rohit Dwivedi Counsel for Respondent :- C.S.C., Ankit Gaur (SC) Hon'ble Arun Bhansali,Chief Justice Hon'ble Kshitij Shailendra,J.
1. This appeal is directed against the order dated 02.05.2025 passed in Contempt Application (Civil) No. 1392 of 2025.
2. Submissions have been made that this Court in Application under Section 482 No. 3350 of 2023 required re-constitution of the record of a criminal case and directed the District Judge and Chief Judicial Magistrate to take every possible steps to re-construct the file. As the file could not be re-constructed, the present contempt application was filed against the District Judge and Chief Judicial Magistrate. The District Judge and Chief Judicial Magistrate submitted that the record regarding the criminal case was neither available in the police station nor with counsel for any of the parties and in view thereof, the record could not be constituted, based upon which, the contempt application has been dismissed.
3. Counsel for the appellant made submissions that once the direction has been given by the court for re-constitution of the record of the criminal case, on failure to do so, amounts to violation of the orders passed by this Court and, therefore, the contempt petition could not have been rejected.
4. We have considered the submissions made. The very fact that the District Judge and Chief Judicial Magistrate specifically
indicated their inability to re-construct the record as the same was neither available in the police station nor with counsel for any of the parties, which explanation was accepted by the learned Single Judge and, thereafter, no case has rightly been found to be made out and dismissal of the contempt application cannot be faulted.
5. The appeal has no substance, same is, therefore, dismissed. Order Date :- 9.7.2025 RK/AKShukla (Kshitij Shailendra, J) (Arun Bhansali, CJ) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad