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2026 DAILYLAW 9477 (UTT)

AARTI BHATT v. VIJAY MEHTA SHO

CLCON/476/2026 · 2026-08-11

Pankaj Purohit

body2026

Judgment text

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UKHC010141812026 2026:UHC:7070 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CLCON/476/2026 Aarti Bhatt --Petitioner Versus Vijay Mehta SHO --Respondent Hon’ble Pankaj Purohit, J. Mr. Akash Verma, learned counsel for petitioner, through V.C. 2. Petitioner alleges the contempt of order dated 17.07.2026 passed by learned Additional Chief Judicial Magistrate, Haldwani, District Nainital, in Miscellaneous Criminal Case No.296 of 2026 Aarti Bhatt and Others Vs. Rahul Joshi and Others, under Section 175(3) of the BNSS, 2023, whereby, while allowing the application filed by applicants-Aarti Bhatt and Others, SHO, Thana Kotwali Haldwani, District Nainital, was directed to register the crime on the basis of their application under Section 175(3) of the BNSS, 2023, and to investigate the matter and to submit the report before the Court. 3. Learned counsel for petitioner submits that till date, no FIR has been lodged, and therefore, it is a sheer contempt of the order dated 17.07.2026 passed by learned ACJM, Haldwani, District Nainital. UKHC010141812026 2026:UHC:7070 4. This Court is of the view that instead of approaching this Court straightway in the contempt proceedings, petitioner has got a remedy to move an application to the concerned Court so that the concerned Court may call the SHO, Haldwani, District Nainital to look into the matter and to find out as to what is happening in the order passed by learned ACJM, Haldwani, District Nainital. 5. In such view of the matter, this Court feels that no interference is warranted in contempt jurisdiction. 6. Accordingly, the contempt petition is dismissed. However, a liberty is given to petitioner to approach before the learned Additional Chief Judicial Magistrate, Haldwani, District Nainital. (Pankaj Purohit, J.) 11.08.2026 PN PREETI NEGI Digitally signed by PREETI NEGI DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=63c75a8c4765581180a58d7478fadbe383 31bac55c78b5f9f0276c16432f6aab, postalCode=263001, st=UTTARAKHAND, serialNumber=2BA53171893B3C3CB3CCCAE81FAE 064498483A83D84BDB0F9229D5BF08D959AC, cn=PREETI NEGI Date: 2026.08.11 17:58:40 +05'30'