The High Court held that a contempt petition alleging violation of a non-leave jurisdiction order is not maintainable. The Court directed the petitioner to seek recall of the original order before the concerned court, leading to the dismissal of the current plea.
Contempt petition and the application are dismissed.
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Through Mr.Vipin Bhasker, Advocate.
versus
UJJWAL DATTA & ANR ..... Respondents Through Ms.Meenakshi Midha, Advocate with ASI Paramjit Singh.
CORAM: HON'BLE MR. JUSTICE MANMOHAN
O R D E R
% 07.10.2016
Present contempt petition has been filed alleging willful disobedience of the order dated 2nd April, 2016 passed in Bail Application Nos.2616-2617/2016, wherein the Court directed that the respondents would not leave the jurisdiction of the Court without seeking prior permission.
Learned Counsel for the petitioner states that despite the aforesaid order, respondents have left the jurisdiction of the Court without seeking prior permission.
In the opinion of this Court, the present petition is not maintainable because if the order dated 2nd April, 2016 has been violated, the remedy for the petitioner is to seek recall of the said order and to point out the violation to the concerned Court.
Consequently, with the aforesaid liberty, present contempt petition and the application are dismissed.
MANMOHAN, J
OCTOBER 07, 2016 KA
1 issue framed by the court
whether a contempt petition alleging disobedience of a non-leave jurisdiction order is maintainable or should the petitioner approach the original court.
Neha Datta
Ujjwal Datta & ANR
Manmohan
As recorded by the court registry
Proceedings for wilful disobedience of a court order under the Contempt of Courts Act 1971.
Judgements on the same questions, provisions and authorities, from every court
