Free Judgments

Somnath Bharti vs Bhim Sain Bassi & Ors on 17 December, 2015


1. Present petition has been filed under Article 215 of the Constitution of
India and Sections 10, 11 & 12 of the Contempt of Courts Act, 1971 on the
ground that respondents have violated the order dated 27th October, 2014
passed by the Metropolitan Magistrate inasmuch as no reply to the
petitioner’s application under Section 173(8) Cr. P.C. has been filed till date
even though the time for filing the reply expired on 27th November, 2014.
2. A perusal of the file reveals that after respondent failed to file a reply,
the petitioner filed an application under Section 15(2) of the Contempt of
Courts Act, 1971 seeking reference of the matter to the High Court.
3. Since petitioner was of the view that learned Metropolitan Magistrate
should have passed an immediate order, he challenged the same by way of a
revision petition before the Sessions Judge. However, the same has been
dismissed by the Sessions Court after observing as under:-

Source: Indian Kanoon