Contempt

Shruti Shruti (Querist) 18 August 2021 This query is : Resolved
My FIR was closed by Judicial Magistrate without hearing me. I challenged in High Court & the reopen was allowed by HC. But its almost 1 year, I presented the high court order with reinvestigation petition and 1 year no action taken.
Can I raise contempt of court to the Judicial Magistrate ?or On the JM to High Court?

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A user is asking if they can file a contempt of court against a Judicial Magistrate who failed to act on a High Court order for reinvestigation, nearly a year after it was granted. While a direct contempt case may not be viable, advice suggests exploring alternative legal avenues such as filing a writ petition under Article 227 of the Constitution to seek directions for early investigation from the High Court.

P. Venu (Expert) 19 August 2021
There is no contempt. Of course, you can file a petition under Article 227 or bring the matters to the notice of the High Court/District Court on the administrative side.

Dr J C Vashista (Expert) 20 August 2021
Did you move protest petition before the JMFC before filing a writ /appeal before High Court ? Whether the "Protest Petition" was dismissed by JMFC ?
Facts posted lack clarity for consideration and obligation of experts.
What is the opinion and advise of your counsel who is well aware about facts and circumstances of the case and engaged/ paid by you being an able, competent and intelligent enough to satisfy your questions ?

Advocate Bhartesh goyal (Expert) 20 August 2021
No case of contempt is made out however you may seek directions for early investigation from H.C by filing writ petition u/Art 227 of Constitution Of India.

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