STATE OF MAHARASHTRA Vs. MAHBOOB S ALLIBHOY

JUDGEMENT

(1.) This appeal has been filed on behalf of the State of Maharashtra for setting aside an order dated 12th July, 1988 passed by the High Court of Bombay dropping the contempt proceeding which had been initiated against the respondents.

(2.) It appears that respondents had filed a writ petition before the High Court claiming refund of Rs. 2,60,144-70 paid as counter vailing/additional duty. The Customs Department filed an affidavit stating that a false claim had been made before the Court for obtaining refund because in fact the writ petitioners - respondents has not paid any duty at all and had claimed the refund on basis of forged documents. In connection with the said dispute, a notice was issued to the respondents as to why a complaint be not filed against them under Sections 191, 192, 209 and 210 of the Indian Penal Code. A notice was also issued to the respondents directing them to show cause why proceedings for contempt be not initiated against them. After taking into consideration the show cause filed on behalf of the respondents an order was passed directing that a complaint be filed against them. The learned Judges having passed the aforesaid order directed that no action be taken under Contempt of Courts Act, 1971 (hereinafter referred to as the 'Act'). This part of the order is being challenged in this appeal. According to the appellant - State in the facts and circumstances of the present case the contempt proceeding should not have been dropped.

(3.) The preliminary question which has to be examined as to whether in the facts and circumstances of the case an appeal is maintainable against an order droping the proceeding for contempt. It is well settled that an appeal is a creature of a statue. Unless a statute provides for an appeal and specifies the order against which an appeal can be filed, no appeal can be filed or entertained as a matter of right or course. Section 19 of the Act says: