contempt of court, not comiplied with order

R.SHAH (Querist) 06 December 2010 This query is : Resolved
in 498a case.

the witness no.3 on whom the judge has imposed fine for causing harrasment to the accused person and not giving deposiiton, should pay fine to accused persons for there travelling. witness has given in writing on next date i will pay, but he remian absent on following three dates continued.

on last date also the witness doesn't turn up for deposition and judge has drop his witness and proceed fruther with otfer witness in the matter.

Query..
can i file written appln. contempt of court, not complied with order against that witness, before same court.
it's possible to me to give in writing to court to take action against the witness.

anyone pls. advice on this regards.
an any case law on this point.

thanks

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Khaleel Ahmed Mohammed (Expert) 06 December 2010
It is not a case of contempt at all.Court may have issued warrant against the witness for his non appearance.

Kirti Kar Tripathi (Expert) 06 December 2010
yes, it not a case for contempt. however, it will give the benefit to the accused at the time of arguments.

Arvind Singh Chauhan (Expert) 06 December 2010
Though it is not purely contempt but is an offense for disobedience of order public authority. You may file application to take action against that person and he may be punished under Sec 188 IPC. Court may recover the amount also through attachment of his property.