In a filed Contempt Case alleging disobedience of a Single Judge's order, the Court held that the case could be closed pending the outcome of the State's appeal, granting liberty to the petitioner to move an appropriate application thereafter.
Contempt Case closed with liberty to the petitioner to move appropriate application if any cause survives.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE C.V. BHASKAR REDDY
Contempt Case No.669 of 2013
ORDER:
This Contempt Case is filed by the petitioner alleging wilful disobedience of the order passed by a learned Single Judge in Writ Petition No.30356 of 2012, dated 28.09.2012.
2. Vide above order, the learned Single Judge disposed of the said Writ Petition by following the order passed in Writ Petition No.11269 of 2009 and batch, dated 22.10.2009.
3. Since 2013, the Contempt Case is pending on the file of this Court, and the same was not taken cognizance under Section 17 of the Contempt of Courts Act, 1971 by admitting the Contempt Case.
4. Be that as it may, learned counsel for the petitioner contended that against the order passed by the learned Single Judge in Writ Petition No.30356 of 2012, dated 28.09.2012, the State has preferred appeal before this Court and the same is pending adjudication before a Division Bench.
CVBR,J cc_669_2013
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5. In view of above, this Court is of the considered view
that the present Contempt Case can be closed by giving liberty to the petitioner to move appropriate application, if any cause survives in the Contempt Case.
6. Accordingly, the Contempt Case is closed with the aforesaid liberty. No costs.
7. As a sequel, miscellaneous applications pending if any in this Contempt Case, shall stand closed.
C.V. BHASKAR REDDY, J
Date : 24.01.2023 Ndr
2 issues framed by the court
Whether the present Contempt Case can be closed pending the adjudication of the State's appeal.
The appropriate procedure for closing the Contempt Case while granting liberty to move an application.
The Petitioner
The State
C.V. BHASKAR REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
