High CourtsSingle Bench(2018) 04 CHH CK 0200

Hare Krishna Singh @ Krishna Singh vs State Of Chhattisgarh

Chhattisgarh High Court · Decided on 17 April 2018

HON’BLE JUDGES
P. SAM KOSHY, J
RESULT
Dismissed
CASE NUMBER
CONTEMPT CASE (CIVIL) NO. 386 OF 2018

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Judgment

11 paragraphs · 233 words
1.

The present contempt petition has been filed alleging willful disobedience of the order passed by this Court on 15.2.2017 in Cr.M.P. No. 483 of

2015.

2.

Grievance of the Petitioner is that this Court in exercise of its powers under Section 482 of CrPC while disposing of the said Cr.M.P. had quashed

the criminal prosecution against the Petitioner and had granted a liberty to the State Government that if they still desire to prosecute the Petitioner they

may obtain proper sanction as is required under the provisions of law and then initiate prosecution case against the Petitioner. According to the

Petitioner, proper sanction as is required under Section 197 of CrPC has not been obtained by the State Government and they have again issued an

appropriate letter to the police authorities for registration of an FIR, which led to the filing of present contempt petition.

3.

A perusal of the observations made by this Court while disposing of Cr.M.P. No. 483 of 2015 on 15.2.2017 and on perusal of the action now under

challenge, it clearly reflects that the action on the part of the Respondents would not fall within the ambit of contempt of Court. Rather, it would be a

fresh cause of action altogether which the Petitioner would have to challenge in an appropriate proceeding.

4.

The present contempt petition being not maintainable deserves to be and is accordingly dismissed.