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2025 DAILYLAW 9736 (ALL)

SMT. BANDANA v. MR. SANTOSH KUMAR MISHRA,SUPERINTENDENT OF POLICE, KUSHI NAGAR AND ANOTHER

CAPL/272/2025 · 2025-01-31

Salil Kumar Rai

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:14707 Court No. - 1 Case :- CONTEMPT APPLICATION (CIVIL) No. - 272 of 2025 Applicant :- Smt. Bandana Opposite Party :- Mr. Santosh Kumar Mishra,Superintendent Of Police, Kushi Nagar And Another Counsel for Applicant :- Aashirwad Mishra,Sanjay Kumar Mishra Hon'ble Salil Kumar Rai,J. The present contempt application has been filed pleading willful disobedience of the order dated 26.9.2024 passed by the Sessions Judge, Kushinagar at Padrauna in Anticipatory Bail Application No. 2419 of 2024. In pursuance to the previous order passed by this Court, the opposite parties are personally present in the Court and have filed their afÏdavits, which are taken on record. The afÏdavits disclose that Section 376 I.P.C. and Sections 3/4 Protection of Children from Sexual Offences Act (hereinafter referred to as, 'POCSO Act') were added against the husband of the applicant on 9.8.2024. Anticipatory bail was granted to the applicant on 26.9.2024 under Sections 363 and 366 I.P.C. Apparently, anticipatory bail was not granted to the applicant for offence registered under Section 376 read with Sections 3/4 POCSO Act and, therefore, the opposite parties did not violate the order of the court below by arresting the applicant in the case. As there is no willful disobedience of any order passed by any Court, it is not a case for proceeding further under the Contempt of Courts Act, 1971. The contempt application is disposed of. Notices are discharged. Let the file be consigned to record. Order Date :- 31.1.2025 Anurag/- Digitally signed by :- ANURAG KUMAR VERMA High Court of Judicature at Allahabad