In this contempt proceeding, the Court examined the petitioner's complaint that the respondent violated a previous order by failing to get herself impleaded in a criminal case as undertaken. The Court held there was no disobedience and dismissed the petition.
Contempt case dismissed; consequently, pending miscellaneous petitions disposed of.
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HON’BLE THE ACTING CHIEF JUSTICE DILIP B. BHOSALE AND THE HON’BLE SRI JUSTICE S.V. BHATT
C.C.No.2258 OF 2015
PC: (Per the Hon’ble Sri Justice S.V.Bhatt)
Heard Sri V.Surendra Reddy, learned counsel for the petitioner and Sri V.V.Narasimham, learned counsel for respondent.
The petitioner complains disobedience of order of this Court dated 29.09.2015 in W.A.No.881 of 2015 and W.P.No.29124 of 2015. The disobedience complained is that the respondent herein through his counsel gave an undertaking to get herself impleaded in Crl.P.No.7881 of 2015 to pursue the remedy against pending criminal case. But without impleading, contrary to the undertaking, separate petition was filed for the remedies of quashing of crime or grant of bail, as the case may be.
With the assistance of the learned counsel appearing for the parties, we have perused the order dated 29.09.2015. Prima facie, we are of the view that at the instance of respondent herein, who was the petitioner in W.P.No.29124 of 2015, the writ proceedings were terminated and liberty was granted. One of the liberties granted by the Court is exercised by such party and by giving restricted meaning to liberty granted by this Court, the present contempt case is filed. We are satisfied that there is no disobedience of our order and the complaint of disobedience is without merit.
Contempt case fails and is, accordingly, dismissed.
Consequently, miscellaneous petitions, if any pending, also stand disposed of.
____________________ DILIP B. BHOSALE, ACJ
________________ S.V.BHATT, J
Date: 15.12.2015 Lrkm
1 issue framed by the court
Whether the respondent violated the undertaking given to this Court by filing a separate petition contrary to the liberty granted in earlier writ proceedings.
Sri V.Surendra Reddy
Respondent
DILIP B. BHOSALE
S.V. BHATT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
