Saturday, June 25, 2022

Madhya Pradesh High Court grants liberty to file contempt application against SDM in sessions court

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The Madhya Pradesh High Court recently granted liberty to the petitioner to file a contempt application against the Sub-Divisional Magistrate (SDM) in the sessions court.

A Single Bench of Justice Atul Sreedharan disposed a Petition filed by one Nitiyanand Mishra.

In this petition the order of the Revision Court is in favour of the petitioner. The order was passed in a dispute arising from the possession of the property in between the petitioner and the private respondent which has gone through the proceedings under Section 145 of Cr.P.C. before the Executive Magistrate.

The said order was challenged in a revision before the Court of Sessions and the Court of Sessions has set aside the order of the S.D.M. and has passed the order in favour of the petitioner and directed the S.D.M. to place the petitioner in possession.

The grievance of the petitioner in this petition filed under Section 482 of Cr.P..C. is that the respondents/State has not complied with the order of the Court of Revision till date.

It is observed by the Court that the petition is misplaced as so is the prayer therein as if the order of the Court below has not been complied with, the proper recourse would be to approach the learned Court below and move for contempt of its order.

“Under the circumstances, this petition is disposed of by giving liberty to the petitioner to approach the learned Court of revision under the appropriate law”, the order reads.

Advocates Nilesh Kotecha, Manoj Chaturvedi and Amitabh Bharti appeared on behalf of petitioner.

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