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?

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This discussion examines whether a Magistrate has the authority to conduct a preliminary inquiry to gather evidence of criminal contempt before referring the matter to the High Court under Section 15(2) of the Contempt of Court Act, 1971. While Section 15(2) outlines the process for High Court action based on a subordinate court's reference, it does not explicitly grant magistrates the power to collect specific evidence like mobile phone tower location reports for such inquiries.

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.

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