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anonymus (confidential)     06 September 2008

JURISTDICTION OF MAGISTRATE UNDER CONTEMPT OF COURTS ACT

HI, ALL! PLS TELL ME IF A MAGISTRATE COURT CAN TAKE ACTION UNDER THE CONTEMPT OF COURT ACT OR ONLY HIGH COURTS AND SUPREME COURT ALONE CAN TAKE ACTION UNDER THE SAID ACT?


Learning

 9 Replies

Guest (n/a)     06 September 2008

The Supreme Court & the High Courts have the power to deal with petitions under Contemt of Court Act.


If any action, the opinion of the Magistrate,appears to be contemptuos,he/she may refer to the HC to which he is subordinate to deal withe matter. The HC may procede if it think fit that the act alleged is so serious to deal with the Contempt of Court Act,by issuing notice the concerned contemnor.


The Magistrate as such can't invoke contempt jurisdiction except stated above.

prof s c pratihar ( urologist &legal studies)     07 September 2008

sir,




 


          kindly go throw the order passed by hon"justice Agarwal & Hon"able justice singhbi on 14 th august regarding non registration of FIR.here the writings are clear.if police does not regisrer the case after getting direction from magistrate then the course open to the magistrate to order for contempt of courtand can punish the delinquint police officer.etc.contempt of court 1971 empowershigh court and supreme court .but for particular cases magistrate can punish for contempt of court.this is a obiter dicta and attract article 141 of the constitution.the order is still in supreme court web.sr members are respectfully requested to interpret the afore mentioned order of hon'ble supreme court.drscpratihar

anonymus (confidential)     07 September 2008

tanx a lot sirs for ur replies.

Guest (n/a)     07 September 2008

u r wrong. When a cotempt of court is coupled with Indian Penal Code, Megistrate is having power to take cognisance and to try the case. It is clear in cotempt of court act Sec.10.


                                       R.Sudhakar Reddy, Advocate,


                                       Piler-517 214, Chittoor Dt. (A.P)_India.

Guest (n/a)     07 September 2008

Hi,


What is ment by The F.I.R. is hit by 162Cr.pc. and when it applies.

Guest (n/a)     07 September 2008

Sir,


 megistrate can take cognisance of offence of contemt of court when it is coupled with offences like 324,354 or any other I.P.C OFFENCES and try the case, if the I.P.C offence is triable by sessions magistrare can commit the same to sessions, but magistrate can not take the cotempt offence seperatly


                            R.Sudhakar Reddy,Advocate,Piler-517 214,Chittoor Dt. A.P.

Guest (n/a)     07 September 2008

Sir,


 megistrate can take cognisance of offence of contemt of court when it is coupled with offences like 324,354 or any other I.P.C OFFENCES and try the case, if the I.P.C offence is triable by sessions magistrare can commit the same to sessions, but magistrate can not take the cotempt offence seperatly


                            R.Sudhakar Reddy,Advocate,Piler-517 214,Chittoor Dt. A.P.

Guest (n/a)     07 September 2008

Cr.Pc 498,302 Full Meaning in Law Language

JAYLAL JAISINGH BISUKARMA (ADVOCATE)     07 September 2008

Pls check your query coz so far as Cr.P.C. is concerned it contains only 484 sections and your query for sec 498 is just impossible for any one to answer.
So far as sec 302 of Cr.P.C. is concerned it deals in provision for "Permission to conduct prosection"

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