Cognizance of criminal contempt
Matta
(Querist) 05 June 2023
This query is : Resolved
Can a Magistrate, before sending reference to high court u/s 15(2) of Contempt of Court, conduct preliminary inquiry to gather little more evidences of criminal contempt? If Yes, authority of preliminary inquiry from which section / act?
Sudhir Kumar, Advocate
(Expert) 05 June 2023
please give facts of the case instead of framing question paper for essay examination.
repeated
https://www.lawyersclubindia.com/experts/section-195-1-a-crpc-750316.asp
Dr. J C Vashista
(Expert) 06 June 2023
What are the facts and your locus standi, if it is not a time pass post ?
T. Kalaiselvan, Advocate
(Expert) 06 June 2023
The provision of law you have referred here is
In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette.
The sub ordinate will not blindly refer the matter before high court without properly analyzing the facts of the case
K Rajasekharan
(Expert) 06 June 2023
A write up on contempt of court act, which I published, would be of some use to you and that is available at https://lawwatch.in/contempt-of-court-act-in-a-nutshell/
Sudhir Kumar, Advocate
(Expert) 13 June 2023
is this same case
https://www.lawyersclubindia.com/experts/section-195-1-a-crpc-750316.asp
Matta
(Querist) 13 June 2023
@Sudhir Kumar
Link not working
Matta
(Querist) 13 June 2023
@ T.Kalaiselvan
Under what authority of law a magistrate can extract mobile phone tower location report before sending reference to high court u/s 15(2) ?
T. Kalaiselvan, Advocate
(Expert) 24 August 2023
The provision of law you referred was already written above, however I give the same once again:
Section 15(2) in the Contempt of Courts Act, 1971
(2) In the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court or on a motion made by the Advocate-General or, in relation to a Union territory, by such Law Officer as the Central Government may, by notification in the Official Gazette, specify in this behalf.
In this there is no provision made for the magistrate to collect the details of mobile phone tower.
