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 Section 19: |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Contempt of Courts Act, 1971; Section 19: Officer-in-charge of Police Station arrested accused despite production C of bail order-Contempt proceedings-High Court held the Police Officer guilty of contempt and sentenced him to civil-imprisonment-On appeal, held: When Order of Court is flouted the litigant should not be left without remedy else not only individual would suffer but administration of justice would be brought into disrepute-Under the facts and circumstances of the case, High Court rightly held the Police Officer guilty of contempt. Apology tendered by the errant police officer at belated stage-Acceptance of-Held: Apology was not sincere but was tendered merely to escape punishment-Hence not accepted. Respondent had assaulted a police officer and a case was registered against him. Sessions Judge granted him bail and in spite of production of bail order by the respondent to the officer-in-charge of the concerned Police Station, respondent was arrested by the appellant a police officer and later on released by the Magistrate. On a reference by the Sessions Court, High Court initiated Contempt proceedings against the errant Police Officer and found him guilty of contempt and sentenced him to civil imprisonment for a period of 7 days. Hence this appeal by the Police Officer. It was contended for the appellant that High Court's finding was based on probabilities and without production of any independent G evidence; and that respondent did not produce copy of the bail order before appellant/SDO and SDPO. |
Judge | Honble Mr. Justice Y.K. Sabharwal |
Neutral Citation | 2002 INSC 539 |
Petitioner | Bijay Kumar Mahanty |
Respondent | Jadu @ Ram Chandra Sahoo |
SCR | [2002] Supp. (5) S.C.R. 89 |
Judgement Date | 2002-12-13 |
Case Number | 441 |
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