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ganesh rao (x)     18 March 2013

Contempt of court

hai,

with which judge the criminal contempt of court petition against the complainant and witnesses u/s  Section 2(c) of the Contempt of Courts Act 1971 is to be filed in 498a case;  with the trial court judge or the sessions court judge?

regards

 

ganesh rao



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 1 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     18 March 2013

criminal contempt is the same as in a criminal charge and therefore the charge of criminalcontempt has to be proved by holding a trial as in a criminal case. The appellants could not be convicted on the basis of evidence by way of affidavits only. The witnesses should have been examined in Court and in any case the appellants should have been given an opportunity to cross- examine the persons who had deposed against them on affidavits to verify the version of the incident as according to them there were conflicting versions of the incident; (iv) reasonable and adequate opportunity was not afforded to the appellants either to defend themselves or put forward their case.
(v) affidavits of independent witnesses which were on record have not been dealt with by the HighCourt
Answer to the first point would depend upon the interpretation to be put on Section 10 of the Act. Section 10 which deals with the power of the High Court to punish for the contempt of subordinate courts reads: 


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