Sulaiman, C.J.This is an application praying that the proceedings should be taken against the opposite party for contempt of the Court of the Magistrate inasmuch as in his answers to the interrogatories served on him he stated that the Chief Reader had friendly relations and influence over the Court which acted dishonestly and imposed a fine of Rs. 40. This is clearly a defamatory statement against the presiding officer, which would be a criminal offence under the Penal Code and for which the officer concerned has a remedy by way of filing a complaint. I would not take cognizance of this offence as one falling under the Contempt of Courts Act.
Ziaul Hasan v. Aziz Ahmed
Ziaul Hasan v. Aziz Ahmed
(High Court Of Judicature At Allahabad)
| 25-03-1935
Advocate List
Bench
- HON'BLE JUSTICE SULAIMAN, C.J.
Eq Citations
- 1935 AWR 934
- 156 IND. CAS. 542
- AIR 1935 ALL 896
- LQ/AllHC/1935/122
Head Note
Contempt of Court — Civil Contempt — Defamatory statements against presiding officer — Held, is a criminal offence under Penal Code and for which officer concerned has a remedy by way of filing a complaint — But such offence not falling under Contempt of Courts Act, 1971 — Penal Code, 1860, Ss. 499, 500 — Contempt of Courts Act, 1971, S. 2
