NAGARAJA RAO S N Vs. CHIKKACHENNAPPA

JUDGEMENT

(1.) In view of the preliminary objection raised to the maintainability of this petition presented under Art. 215 of the Constitution of India read with the provisions of the Contempt of Courts Act 1971 alleging that the respondents had committed 'criminal contempt' of this Court and praying for taking suitable action against them, the following question of law arises for our consideration : Whether the provision for making a motion for taking action for criminal contempt of the High Court against an alleged contemner with the consent of the Advocate General incorporated in S. 15 (1) of the Contempt of Court Act, 1971, is mandatory or directory ?

(2.) Briefly, the facts of the case are these :

(3.) It is not disputed by Sri A, N. Jayaram, learned counsel for respondents 3 to 7, and could not be disputed that if the information available or the allegations made in the petition are true, the acts alleged to have been committed by respondents 3 to 7 amount to criminal contempt of this Court as defined in S. 2(c) of the Contempt of Courts Act, 1951, (hereinafter referred to as 'the Act', which reads :