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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Vipin Sanghi, CJ.
Chandra Pal - Appellant
Versus
Deepak Rawat - Respondent
Contempt Petition No. 284 of 2018
Decided On : 10-01-2023
Contempt - Dismissal of Writ Petition - The court dismissed the contempt petition as the writ petition had already been dismissed.
Fact of the Case:
The petitioner's counsel did not press the contempt petition as the writ petition had been dismissed by the Court.
Finding of the Court:
The court dismissed the contempt petition as withdrawn.
Issues:
Ratio Decidendi: The dismissal of the writ petition led to the dismissal of the contempt petition.
Final Decision: The contempt petition was dismissed as withdrawn.
JUDGMENT
Vipin Sanghi, CJ. - Counsel for the petitioner, on instructions, does not press the contempt petition, since the writ petition, being Writ Petition (M/S) No. 892 of 2016, has been dismissed by the Court.
2. The contempt petition is, accordingly, dismissed as withdrawn.
AI
Dismissal of a writ petition leads to the dismissal of a related contempt petition.
The rejection of the petitioner's representation led to the disposal of the contempt petition.
The court has the discretion to allow the withdrawal of a contempt petition in the interest of justice.
The court's discretion to allow withdrawal of contempt petition with liberty to file fresh.
Dismissal of contempt petition upon withdrawal
Dismissal of Contempt Petition due to it becoming infructuous.
A petitioner has the right to seek withdrawal of a contempt of court case, and the court may grant such permission resulting in the dismissal of the petition.
Dismissal of contempt petition due to setting aside of the order in question.
Contempt cases can be dismissed as withdrawn upon the petitioner’s request.
Withdrawal of contempt proceedings is permissible upon the petitioner's request.
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