LAWS(MPH)-2014-4-165

STATE OF MADHYA PRADESH Vs. JAGDISH PRASAD YADAV

Decided On April 05, 2014
STATE OF MADHYA PRADESH Appellant
V/S
JAGDISH PRASAD YADAV Respondents

JUDGEMENT

(1.) THIS writ appeal under Section 2(1) of the Madhya Pradesh Uchch Nyayalya (Khand Nyay Peeth Ko Appeal) Adhiniyam, 2005 assails the final order dated 21.01.2014 passed by learned Single Judge in Contempt Petition No. 231/2011, whereby the contempt petition in question is disposed of with the following directions : -

(2.) IN response to the query made by this Court about maintainability of this writ appeal against the order passed in contempt petition where no punishment was inflicted, learned State counsel submits that the writ appeal lies since the contempt Court has passed certain directions in addition and in variance to the foundational order dated 21.10.2010 passed in W.P. No. 6687/2003 whose non -compliance was allowed in the said contempt petition.

(3.) PERTINENTLY , the foundational order passed in W.P. No. 6687/2003 on 21.10.2010 was assailed upto the Apex Court where initially on 13.12.2011 stay was granted but after finally hearing the rival parties the SLP (Civil) No. 32237/2012 was decided on 08.10.2012 by upholding the order of learned Single Judge as well as Division Bench of this Court.