ALOK KUMAR TIWARI Vs. MAMTA

JUDGEMENT

(1.) The petitioner vide the present petition has sought the quashing of the complaint no. 609/2021 filed by the respondent under Sec. 10 read with Sec. 12 of the Contempt of Courts Act, 1971 and consequential proceedings emanating therefrom being notice dtd. 6/4/2021 issued by the learned MM in complaint no. 609/2021 submitting to the effect that the Trial Court could not have proceeded in terms of the Sec. 10 and 12 of the Contempt of Courts Act, 1971 in view of the provisions of Ss. 10,11 and 12 and also provisions of Ss. 13,14 and 15 of the said enactment which read as under:

(2.) The reply that has been filed by the respondent to the present petition itself inter alia makes it apparent that the respondent does not challenge the aspect of contempt proceedings being required to be initiated by this court or the superior court and not by the subordinate courts and it has been submitted in the reply to the petition in para 4 to the effect that the respondent had filed the application for contempt of court before the Trial Court which had only issued the notice to the respondent for knowing the fate of the application and thereafter getting the response from the petitioner and for sending the same to this Court for taking necessary action.

(3.) Apparently, the verdict of this Court in Syed Nusrat AH Vs State and Anr. in Crl.MC 2899 of 2009 dtd. 5/8/2010 as followed also in Rajeev Mittal Vs Sanjay Goel in CM(M) 434/2012, Neville A Mehta Vs Sanjay Goel in CM(M) 437/2012 vide verdict dtd. 19/4/2012 and the provisions of Ss. 10, 11 and Sec. 15(2), makes it apparently clear that the subordinate court can only make a reference to this Court and cannot initiate contempt proceedings itself. Thus without any observations on the merits or demerits of the prayer made in the contempt application that the respondent has filed before the Trial Court in relation to CC No. 37676 of 2016 in relation to which the respondent undoubtedly has rights in accordance with law for the maintenance allegedly not being paid by the petitioner, the impugned notice dtd. 6/4/2021 issued by the learned MM in complaint no. 609 of 2021 under Sec. 10 and 12 of the Contempt of Courts Act, 1971 is set aside. However, the setting aside of the same shall not amount to any observation on any contempt action if referred by the Trial Court to this Court.