M K UMMER KOYA Vs. P R SREEDHARAN

JUDGEMENT

(1.) WHETHER the Division Bench before which the contempt petition is posted after a Single Judge has found that a prima facie case is made out against the respondent, is bound to proceed with the trial or can it dismiss the petition at that stage and drop the proceedings is the question which arises in the two contempt cases (civil) No. 807 of 2003 and 854 of 2004 which are being disposed of by this order. Since the question has to be answered in the light of the Contempt of Courts (High Court of Kerala) Rules (hereinafter referred to as 'the Rules'), it is not necessary at this stage to refer to the facts of either of the two cases.

(2.) R .6, 9, 10, 12, 13, 14 and 16 are relevant for our purpose and these may first be noticed.

(3.) NOW , we shall deal with the facts of the two cases which are being disposed of by this order.