Divya (nil) 15 June 2013

Contempt proceedings in sessions court with a sessions matte

Dear Experts

Had filed an important revision application before a sessions judge and in the process respondents have committed serious contempt…Can contempt proceedings be filed before the same sessions court or does it go to the same jurisdiction but a different sessions judge (mostly impossible due to bar of 195 CRPC) or does to the high court of that state for contempt proceedings…

Even in general, if contempt happens before a particular sessions court, can the aggrieved file a contempt petition before the same sessions court and judge.

Please guide me.

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3 Replies

Alok Tholiya (self employed) 16 June 2013

You have to file contempt in same court but matter will be decided only in High court.

Sonia Dhamija (Advocate) 16 June 2013

Under the Contempt of Courts Act, 1971, the Sessions Court does not have power to punish for its contempt. Under Section 10 of this Act, the High Court has the power to punish contempts of its subordinate courts including the contempt of the Sessions Court. Under Section 15(2) of this Act, in the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by such subordinate court. Therefore, you’ll have to file an application before the same Sessions Court to make a reference to the High Court [under Section 15(2)] for taking action on the contempt. Give all the reasons and grounds of contempt in such application.

Divya (nil) 17 June 2013

Thanku Mam

But i have an extended doubt..

I have a matter "A" before a sessions court & contempt has been done on the court....

Can i put a condition on the court that the judge has to parallely see both the Contempt Application & case "A" where order is to be passed yet..

Can a judge pass order without seeing what contempt has been done..If judge passes order without evaluating contempt then it will be lead to violation of principles of natural justice..

Please clarify Mam ??