Sharad (Proprietor) 06 July 2013

Contempt of court by lower court

I filed a complaint to JMFC under CrPC 156[3] to order police to take the cognizance of criminal complaint disclosing cognizable offences.

I had attached the judgement copy of Lalita Kumari V/s State of U P where in Apex court have directed magistrate court to register contempt proceding and send it for action.

Magistrate rejected the application because there was a word "inlarger public interest as large number of people are cheated" saying I have no powers to pass order under 156[3]

Bombay High Court judgement in similsr case was also attached and it was also prayed that contempt of court procedings be initiated against police officers as directed by Supreme Court as it is binding on lower court to follow court directions under Section 141 of constitution

Now how do I procide against magistrate for not following the order.

Sunce case is rejected I will have to file review in District Court.

Can I file a saparate contempt petition along with review in district Judge to record statements of Magistrate and Police? Or I have only choice of High Court.

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4 Replies

Hemang (Advocate) 06 July 2013

No contempt would lie. It all depends upon the facts and circumstances of the case. The law declared by the Supreme Court is certainly binding under Article 141 of the Constitution, but if you are aggrieved, you may prefer revision before the sessions court. Your mission should be to get the accused prosecuted. Instead that you intend to deal with a judge, who dismissed the complaint. An another issue. Be passionate. forget about resorting to all such practices and resort to the remedy provided for revision.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 06 July 2013

I fully agree with Mr.Hemang, advocate.

Sharad (Proprietor) 06 July 2013

Originally posted by : Hemang
	No contempt would lie. It all depends upon the facts and circumstances of the case. The law declared by the Supreme Court is certainly binding under Article 141 of the Constitution, but if you are aggrieved, you may prefer revision before the sessions court. Your mission should be to get the accused prosecuted. Instead that you intend to deal with a judge, who dismissed the complaint. An another issue. Be passionate. forget about resorting to all such practices and resort to the remedy provided for revision.