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2026 DAILYLAW 8312 (ALL)

GULZAR AHMAD v. SHRI GANESH PRASAD SAHA, SUPERINTENDENT OF POLICE

CAPL/5207/2026 · 2026-09-22

Vikas Budhwar

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CONTEMPT APPLICATION (CIVIL) No. - 5207 of 2026 Court No. - 53 HON'BLE VIKAS BUDHWAR, J. 1. The present contempt application has been preferred alleging willful defiance of the order dated 20.05.2025 passed in Criminal Misc. Writ Petition No. 10252 of 2025, order whereof is quoted herein under:- "1. Heard learned counsel for the petitioner and Shri G.P. Singh, learned AGA-1 for State respondents. 2. Present writ petition has been preferred for quashing the History Sheet in Category-A opened against the petitioner at P.S. Bhongaon, Distt. Mainpuri. 3. This much is contended that the petitioner does not come under the criteria prescribed under Regulation 228 of the U.P. Police Regulations and as such the impugned history sheet is liable to be set aside. It is also submitted that in similar circumstances this Court has accorded indulgence vide order dated 7.2.2024 in Criminal Misc. Writ Petition No.3355 of 2021 (Faisal @ Vaish Siddiqui v. State of U.P. & Ors.) and the petitioner being on similar footing is also entitled for similar indulgence. Reliance has also been placed on the judgment dated 4.3.2024 passed by the Division Bench of this Court in Criminal Misc. Writ Petition No.9074 of 2022 (Aftab Alam v. State of U.P. & Ors.). 4. Learned AGA-1 for the State-respondents very fairly conceded the fact that in case petitioner moves a fresh application at the earliest before the Competent Authority, definitely the same would be considered expeditiously. 5. In the facts and circumstances of the case, no useful purpose would be served in keeping the writ petition pending consideration. The writ petition stands disposed of asking the petitioner to move a fresh representation ventilating his grievance before the Senior Superintendent of Police, Mainpuri. In case any such representation is moved by the petitioner within three weeks, we hope and trust that the said representation would be considered on merit by the Competent Authority, who must accord audience to the parties having stake in the matter and only thereafter decide the said representation expeditiously, preferably within three months. Suffice to indicate that the Court has not adverted on the merits of the case." Versus Counsel for Applicant(s) : Anurag Dubey, Jai Shukla Counsel for Opposite Party(s) : Gulzar Ahmad .....Applicant(s) Shri Ganesh Prasad Saha, Superintendent Of Police .....Opposite Party(s) 2. Today instructions have been produced annexing therewith, the copy of the order dated 02.09.2006 deciding the representation of the applicant. 3. Since the order of the Writ-Court has been substantially complied with, the contempt application is consigned to record, leaving it open for the applicant to question the same before appropriate forum. 4. Let a copy of the instructions be served upon the counsel for the applicant. 5. Instructions filed today are taken on record and marked as Appendix 'A'. September 23, 2026 N.S.Rathour CAPL No. 5207 of 2026 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad