SANJAY GANDHI Vs. V D KESHARI

JUDGEMENT

(1.) THIS application has been moved for taking action against the Magistrate for contempt of the High Court and the Supreme Court. The petitioner is undergoing a prosecution and the Magistrate has framed charges against him under Section 240 of the Cade of Criminal Procedure. It is alleged that he has in framing the changes not followed, or rather gone against, the judgment of this Court and the Supreme Court. The substance of the argument is that he has impliedly disobeyed the law laid down in various decisions of the High Court and the Supreme Court. The question therefore that arises is whether the framing of charges under Section 240 of the Code of Criminal Procedure without due regard to law declared through court decisions, and without discussing the rulings cited by the accused, can amount to civil contempt within the meaning of the Contempt of Courts! Act.

(2.) CONTEMPT has been defined in the CONTEMPT of Courts Act, 1971 as meaning 'Civil CONTEMPT' or 'Criminal] CONTEMPT'. Civil CONTEMPT and Criminal CONTEMPT have been differently defined as under:-

(3.) THE disobedience referred to in the definition of the civil contempt refers to the disobedience of a particular order, judgment or decree of a court. It, does not refer to taking erroneous views of law or giving judgment which may' not conform to the law laid down by higher courts in different judgments. Under Sec. 240 of the Code of Criminal Procedure a Magistrate can frame charges if he, upon consideration of the matter and hearing the parties, is of opinion that there exist grounds for presuming that the accused had committed an offence triable under Chapter 19 which such Magistrate was competent to try. He had thus to take into consideration the particular facts arising in that case and then to apply law to these facts. He has thus to make a decision on the facts and the law presented before him. Making of such a decision for framing charges against an accused cannot amount, except when something special is shown in the form of an order from a higher court, to disobedience of any order, judgment or decree of a court. THE conduct of the Magistrate, therefore, in framing the charges cannot amount to the commission of civil contempt as defined in the Contempt of Courts Act, 1971. THE application accordingly fails and is dismissed. --- Application dismissed.