High Courts(2008) 08 AHC CK 0186

Vijay Kumar Singh and Another vs Janardan Prasad Misra

Allahabad High Court · Decided on 25 August 2008

HON’BLE JUDGES
K.K.Misra, J and S.C.Chaurasia, J
RESULT
Dismissed
CASE NUMBER
Contempt Appeal No.17 of 2008

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Judgment

6 paragraphs · 201 words
1.

Heard Dr. R.K. Srivastava, learned counsel for the appellants, Sri Onkar Nath Pandey, learned counsel for the opposite party and have gone through the record.

2.

This contempt appeal filed under Section 19 of the Contempt Act, arises out of the judgment and orders dated 12.5.2008 and 22.5.2008 passed by this Court in Crl. Misc. Case No.2381 (C) of 2007 whereby the learned Single Judge of this Court has framed charges against the appellants for willfully disobeying the orders of this Court.

3.

Sri Onkar Nath Pandey, learned counsel for the opposite party has opposed the appeal and submitted that this appeal is not maintainable under Section 19 of the Contempt Act. He has placed reliance on the judgment in Om Prakash v. Arun Chand Pandey, 2008 (26) LCD 1034 wherein it has been held that no appeal lies against the order of framing of the charge.

4.

It is the settled view of this Court as well as the Apex Court vide Midnapore Peoples'' Coop. Bank Ltd. and others v. Chunilal Nanda & others, AIR 2006 Supreme Court 2190, that no appeal lies against framing of charges.

5.

The appeal is dismissed having no force of law.

(Appeal dismissed)