Contempt of high court
Arun Kapoor
(Querist) 27 September 2012
This query is : Resolved
Hello to all the Lawyers,
I was falsely accused of committing the offence under 420, 467, 468 and 471 of IPC. The offence was committed by 3 persons. My name was dragged for no reason.
On the advice of my lawyer I filed a quash petition in the HC. The HC quashed the FIR against me saying that prima facie no offence is made out against me and my name has been added in the FIR with a malicious intent.
Just when I finally felt that justice has been done to me, I got the summons again from the trial court to attend the court as an accused in the very same case which had been quashed against me by the Hon'ble High Court. I appeared in the court on the date mentioned in the summons,showed him the HC order, and told him that the case against me has been quashed, but the judge refused to listen and said that there is material to proceed against me in the case irrespective of the HC order.
Is this not contempt of the High Court?
R.K Nanda
(Expert) 27 September 2012
no, it is not contempt of court.file certified copy of HC order in court. ask from court about the material on the basis of which court wants to proceed against u.
Rajeev Kumar
(Expert) 27 September 2012
First get the certified copy of the order of highcourt then press it to the court on the material and fact on which your FIR has been quashed. Then after the satisfaction of the highcourt order the lower court will be procceed.
Arun Kapoor
(Querist) 27 September 2012
Thank you for responding Mr.Nanda & Mr.Kumar,
The certifed copy of the HC order has already been filed with the trial court. The trial court judge has seen it. In spite of this he has said that evidence has come out against you during the trial. Is this still not contempt of court?
R.K Nanda
(Expert) 27 September 2012
u r welcome.
R.K Nanda
(Expert) 27 September 2012
now,it is contempt of court.report the matter to HC asap.
R.K Nanda
(Expert) 27 September 2012
yes, now it is contempt of court. report the matter to HC.
Rajeev Kumar
(Expert) 27 September 2012
Of course it is a contempt of court. Contact to highcourt and they will pass stricture against the judge.
Guest
(Expert) 28 September 2012
''he has said that evidence has come out against you during the trial"
Has he issued the process against you under S.319 of the Cr.P.C?
Arun Kapoor
(Querist) 29 September 2012
Thank you Mr.Davessar for your reply.
I confirmed with my lawyer and the summons have been issued under 319 CRPC. Is it not contempt of court?
Guest
(Expert) 30 September 2012
@ Arun
If that is so, the action of the trial judge does not amount to contempt of court.
Under section 319 the court may at any stage of the trial, if it appears to it from the evidence before it that the offence has also been committed by any person other than those who are already facing trial, arraign him as an accused.
Appear before the court on the date mentioned in the summons and deny the allegations.
Ashish Davessar
Advocate
Supreme Court of India
Punjab and Haryana High Court
