Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Contempt of Courts Act 1971 - s.2(b) - Civil contempt - Appellant-contemnor the investigating officer arrested respondent on a charge which was added subsequently u/s.307 IPC after the grant of anticipatory bail |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Contempt of Courts Act, 1971 - s.2(b) - Civil contempt - Appellant-contemnor, the investigating officer arrested respondent on a charge which was added subsequently u/s.307 IPC after the grant of anticipatory bail - Appellant punished for contempt of court's order - On appeal, held: Appellant tendered an apology explaining that he had only carried out the instructions of the superior officer and he bona fide understood the order passed by the Court to mean that the respondent was entitled to protection u/s. 438, Cr.PC. only in respect of those offences reflected in the order and s.307, IPC having been added subsequently there was no impediment in proceeding with the investigation after arresting the respondent on that count - In the facts of the instant case, it is a plausible explanation to show that there was no wilful or deliberate attempt to violate the Court order - Apology is one of the defences in the case of a civil contempt and the Court is bound to explain as to why the apology should not be accepted - The sincere and unconditional apology tendered by the appellant is accepted - The conviction and sentence imposed on the appellant is set aside - Code of Criminal Procedure, 1973 - s.438- Penal Code, 1860 - s.307. |
Judge | Hon'ble Mr. Justice Kurian Joseph |
Neutral Citation | 2017 INSC 653 |
Petitioner | Satwant Singh |
Respondent | Malkeet Singh |
SCR | [2017] 6 S.C.R. 488 |
Judgement Date | 2017-07-20 |
Case Number | 3001 |
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