SMCP. 14-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION SUO MOTU CONTEMPT PETITION No. 14 OF 2011 High Court on its own motion ... Petitioner Vs. Raosaheb Pitambar Shirkande ... Respondent *** Mr. M. S. Karnik, Amicus curiae. Mr. P. S. Hingorani, APP for the Respondent. *** CORAM : V. M. KANADE, & M. L. TAHALIYANI, JJ. DATE : DECEMBER 14, 2011 PC: 1. A letter has been addressed by Mr. K. D. Jadhav, Civil Judge, J.D. & Judicial Magistrate, F.C. Wada which has been treated as a reference under Section 15(2) of the Contempt of Courts Act, 1971. Initially notice was issued and the said notice was served and a reply has been filed by Raosaheb Pitambar Shirkande. 2. It is alleged by the Judicial Officer that respondent No.1 Raosaheb Shirkande has threatened the Court that he would go on fast in front of the Court Room and also had written various letters to the superior officers. Against the said respondent, Summary Case No. 303 of 2009 for the offence punishable under Section 309 of I. P. C. was SMCP. 14-11 - 2 - heard by the said Judicial Officer and he was acquitted by the Judicial Officer by judgment & order dated 29-11-2010. A show-cause notice was issued to the Respondent by judgment & order dated 20-4-2011. A reply was given by him to the said show-cause notice and thereafter this letter dated 7-5-2011 was addressed to the Registrar General. 3. In our view, for the purpose of initiating proceedings under the Contempt of Courts Act, the procedure as contemplated under the rules of Contempt of Courts Rule 12(a) and (b) has to be followed. In a case where a subordinate court wants to make a reference to this Court, a preliminary inquiry has to be held after giving the show-cause notice to the contemnor and thereafter after hearing him, a reasoned order of reference has to be passed. It is apparent that the said procedure has not been followed in this case. The reference, therefore, under Section 15(2) of the said Act is not maintainable. Suo Contempt Petition is, therefore, dismissed. [M. L. TAHALIYANI, J.] [ V. M. KANADE, J.]