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Judgment
Heard learned counsel for the appellant.
This Special appeal has been preferred under Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952 questioning the correctness of the order of the learned Single Judge declining to initiate contempt proceedings in a civil contempt matter arising out of Section 12 of the Contempt of Courts Act, 1971.
At the very outset, it may be pointed out that no regular appeal is provided against refusal to initiate contempt proceedings under the 1971 Act. It appears that the present Special appeal has therefore been framed as if presentable under Chapter VIII Rule 5 of the 1952 Rules on the ground that dismissal of the petition virtually decides the case of the appellant on merits and it amounts to rendering an opinion which will directly affect the fate of the case, namely the Special Appeal, which has been filed against the judgment of the learned Single Judge in the matter relating to the appellant.
We have considered the submissions raised and this appeal has been filed under an apprehension as if the appellant''s case even if succeeds before the Division Bench, the order of the learned Single Judge will not be complied with.
This apprehension is not well founded, inasmuch as the other way around, another Division Bench has already taken a contrary view which has been noticed by the learned Single Judge while refusing to exercise discretion for initiating contempt proceedings. In our opinion, it would be more appropriate that the appellant proceeds to get his Special Appeal arising from the judgment in the appellant''s case decided at the earliest for which he can move an appropriate application so that the said Special Appeal is disposed of. In the event the appellant remains successful then in our considered opinion the appellant will have a recurring cause of action to seek compliance of the learned Single Judge''s judgment. Thereafter, he can initiate such proceedings and the refusal to initiate contempt proceedings will not be a bar for taking any such action in future.
The appeal stands consigned to records with the said observations.