Criminal contempt of court
Sultan
(Querist) 07 December 2014
This query is : Resolved
Have found this article , can experts comment upon it, are all remedy available as mentioned. In my case police authority have issued licenses without fulfilling mandatory conditions. Thankyou.
Here is the article.......
POLICE WILLFUL DISREGARD IN DISCHARGE OF HIS DUTIES CONSTITUTES CRIMINAL CONTEMPT OF THE COURT:
The process of administration of justice begins with the violation of a right of a person or the committing of an offence by a person, well before any FIR is filed OR case is registered in the court.
In the light of Contempt of Court Act- Section -2(c ), If Police refuses to register FIR or refuses to investigate the case or refuses to apprehend or arrest offenders or trying to protect the accused or the guilty in any way, than a Criminal contempt of Court u/s 2(c) (III) of the Contempt of Courts Act 1971 can be filed against them for causing obstruction in the administration of justice.
However, the element of police acting illegally deliberately and consciously without any justification is essential. "A refusal to see the obvious, a failure to investigate the doubtful if sufficiently gross, furnishes evidence acting deliberately and consciously.
The Contempt Petition is filed in the High Court and the best part is that proceedings have to begin immediately. However, before filing Criminal Contempt of Court Petition, Sanction from Advocate general must be obtained. If they do not give sanction or does not reply within a reasonable time of 30 days, than Contempt petition can be filed informing the Court about sanction not given or no reply received.
Not only the Police but whoever including political interferes in the process of investigation or interferes during the trial of offence in the Court can be charged with obstructing in the administration of justice and thus it constitutes an serious offence of Criminal Contempt of Court.
However, for offences which are enumerated in Indian Penal Code cannot become the subject matter of Criminal Contempt Of Court.
Devajyoti Barman
(Expert) 08 December 2014
we do not discuss News Articles here.
Post this in Forum section.
Devajyoti Barman
(Expert) 08 December 2014
we do not discuss News Articles here.
Post this in Forum section.
Rajendra K Goyal
(Expert) 08 December 2014
State facts of your case, news item not discussed.
Guest
(Expert) 08 December 2014
Wrong number! Article consists of merely views of some unknown author. So, no comments.
If you do not have any personal problem relating to FIR & police, the appropriate place for discussion was the FORUM section of the LCI.
malipeddi jaggarao
(Expert) 09 December 2014
Post in the forum. You will get views of all the members not only experts.
T. Kalaiselvan, Advocate
(Expert) 11 December 2014
