AJAY RAYDHANBHAI KUMBHARWADIYA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By an order dtd. 27/1/2022, the Coordinate Bench had placed the matter on 1/2/2022 for framing of charge. Thereafter, since the contentions were raised on behalf of the respondent no.4 with regard to the nonmaintainability of the contempt petition, by a comprehensive order dtd. 9/2/2022, the Coordinate Bench of this Court, after referring to the submissions advanced by the learned Senior Advocates appearing for the respective parties and taking the note of the facts and law enunciated by the Apex Court in the case of Aarnesh Kumar Vs. State of Bihar, (2014) 8 S.C.C. 273 and in the case of D.K.Basu vs. State of West Bengal, (1997) 1 S.C.C. 416 had opined in Paragraph No.5 as under:

(2.) The aforesaid order was assailed by the respondents by filing Special Leave Petition (C) No.3885 of 2022 before the Apex Court. By the order dtd. 22/4/2022 the Apex Court has dismissed the SLP by following order:

(3.) Learned Senior Advocate Mr.Unwala, while referring to the provisions of Sec. 10 of the Act has submitted that this Court cannot take cognizance of contempt alleged to have been committed where the contempt is an offence punishable under the Indian Penal Code, 1860 (IPC). In juxtaposition to the provision of Sec. 10 of the Act, he has referred to the provisions of Sec. 166 of the IPC.