Title: Vinod Kumar Gupta And Another vs. Sri Veer Bahadur Yadav, S.D.M. And Another
Decided on: 9th May, 2023.
[SPECIAL APPEAL No. – 234 of 2023]
CORAM: Hon’ble Mrs. Sunita Agarwal,J. Hon’ble Vikas Budhwar,J.
Introduction.
The Allahabad High Court has stated that an intra-court appeal against the Single Judge’s decision to not file a complaint of contempt against the putative contemnor is not permissible. No appeal is maintainable against the dismissal of contempt proceedings against the defendant under Section 19 of the Contempt of Courts Act, 1971, as the remedy lies under Article 136 of the Constitution before the Supreme Court.
Analysis.
The court observed that an appeal can only be maintained in situations where the contempt jurisdiction has been used to address the merits of the disagreement between the parties in order to carry out the judgement or order, and the latter has been found to have been issued in accordance with the authority granted by Article 226 of the Constitution.
The Division bench of the HC determined that Chapter VIII Rule 5 of the Rules of the Court does not permit the current intra-court appeal against the judgement and order of the Single Judge (dated March 17, 2023) declining to initiate contempt proceedings to be maintained, and the same was dismissed.
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Written by- Varada Hawaldar
