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D.B. CIVIL CONTEMPT PETITION NO.8/2010
Ratan Lal Vs. Ashok Kumar Sharma RJS.
Date of Order :: 10th February 2010.
HON'BLE THE CHIEF JUSTICE MR. JAGDISH BHALLA
HON'BLE MR. JUSTICE DINESH MAHESHWARI
Mr.Ratan Lal, petitioner present-in-person.
.....
BY THE COURT
The petitioner is a practicing counsel and has filed this
contempt petition against a judicial officer. It has been submitted that
this contempt petition is civil contempt but no order of this Court or
any other Court has been placed before us by the applicant-
petitioner that has been disobeyed. However, the order as passed
by the learned Magistrate on 20.10.2009 has been placed before us
alleging that the same has not been passed in accordance with law;
and it has been informed that an application had been moved by the
petitioner that the Magistrate concerned may not hear his case
because, on his direction, an FIR has also been lodged against the
petitioner.
We are of the considered view that the petitioner has failed to
indicate any matter which may come within the ambit of the
Contempt of Courts Act, 1971. However, if there be any question on
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the legality of the order, it is always open to challenge the same in
accordance with law.
This is not the first time that in such circumstances, the
petitioner, who is practicing as counsel, has filed this type of
contempt petition. The earlier one had been contempt petition
bearing No.3/2010: Ratan Lal Vs. Mrs. Alka Gupta that was
dismissed on 01.02.2010.
Though we restrain this time from recording any further finding
with respect to his conduct but we caution the petitioner for such
actions. If repeated, we shall have to take cognizance of his actions
and omissions.
The contempt petition fails and is, therefore, rejected.
(DINESH MAHESHWARI),J. (JAGDISH BHALLA),CJ.
s.soni