SADHNA UPADHYAYA ADVOCATE Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sant Saran Upadhyay, leaned Advocate appearing for the appellant.

(2.) THIS appeal has been filed by the appellant against the order dated 23. 10. 2008, passed by learned Single Judge of this Court on Misc. Application No. 254864 of 2008 in Contempt case No. 21 of 2007.

(3.) THE submission of learned Counsel for the appellant is that although the proceedings which were initiated by learned Single Judge for criminal contempt are the proceedings of ex-facie contempt under Section 14 of the Contempt of Courts Act, 1971 but it mentions taking the cognizance under Section 15 of the Contempt of Courts Act, 1971. Learned Counsel of the appellant contends that under Section 15 of the Contempt of Courts Act, 1971, learned Single Judge has no jurisdiction to take cognizance of the Criminal contempt since under the roaster fixed by Hon'ble the Chief Justice, the criminal contempt was. cognizable only by a Division Bench. THE learned Counsel for the appellant submits that ex-fade contempt under Section 14 is to be tried by the same Hon'ble Judge, who had taken cognizance of ex- facie contempt and same learned Single Judge is fully entitled to consider the application for apology. Learned Counsel for the appellant submits that it is due to this reason that Full Bench vide its order dated 13. 10. 2008 permitted the appellant to file an application of apology before the learned Single Judge again. Learned Counsel for the appellant submits that non-consideration of application of apology by learned Single Judge has resulted into hanging of contempt proceedings on the appellant and amounts refusal to exercise the jurisdiction by the learned Single Judge, which is liable to be corrected in this contempt appeal.