ABDUL MAHMOOD Vs. ADVOCATE GENERAL U P ALLAHABAD

JUDGEMENT

(1.) THIS writ petition has been filed before this Court with the following prayers :

(2.) WRIT petition has been strongly opposed by the learned Chief Standing Counsel of the State as well as Allahabad Development Authority, Allahabad by making various submissions including the maintainability of the writ petition and the order.

(3.) HOWEVER, in this case cause of criminal contempt is arising out of a proceeding in the subordinate court. Hence, by virtue of Section 15 (2) of the Act, in the case of any criminal contempt of a subordinate court, the High Court may take action on a reference made to it by the subordinate court irrespective of leave or permission of the Advocate General. Power of the subordinate court to make a reference and the power of the Advocate General to grant leave are disjunctive in nature.