LAWS(APH)-2022-5-25

N. PRATEEP KUMAR Vs. M. JAGADEESHCHANDRA PRASAD

Decided On May 06, 2022
N. Prateep Kumar Appellant
V/S
M. Jagadeeshchandra Prasad Respondents

JUDGEMENT

(1.) This appeal was preferred under Sec. 19 (1) of the Contempt of Courts Act, 1971 before the Division Bench to set aside the order dtd. 21/10/2021, finding appellant guilty for contempt of C.C.No.722 of 2021.

(2.) Upon hearing argument of both the counsel, the presiding brother Judge (Justice Ahsanuddin Amanullah) of the Division Bench agreed with the findings recorded by the learned single Judge modified the impugned order and sentenced the contemnor to pay fine of Rs.10,000.00 while reducing the sentence of imprisonment from four (4) weeks to one (1) week. Whereas, other brother Judge (Justice B.Krishna Mohan) after elaborate consideration of law laid down by various Courts, mostly the Apex Court, extended the benefit of doubt to the appellant and exonerated him from contempt case accepting the unconditional apology for the delay in implementation of the order.

(3.) In view of conflicting opinions expressed by both the Judges in the Division Bench, this reference is made by the Division Bench in term of Clause 36 of the Letters Patent, formulated a question for reference to the third Judge as follows: