1 CP315/2007 1. FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.315/2007 in CRI.APPLN.NO.2576/2006. (Eknath s/o Narayan Nagargoje and Anr. Vs. Shri B.A.Kale and Anr.) ----------------------------------------------------------------------------------------------------------- Office notes, office Memoranda of Coram,appearances, Court’s orders Court’s or Judge’s orders. or directions and Registrar’s orders ----------------------------------------------------------------------------------------------------------- Mr.MP Gandlekar, Adv. h/for Mr. SS Thombre, Adv. for petitioners; Mr.UR Awate, Adv. h/for Mr. SB Talekar, Adv. for Respondent No. 1. *** CORAM : K.U.CHANDIWAL ,J. DATE : 14 th DECEMBER, 2010. ... 1) Heard. 2) A melee is created by informing this court that in Criminal Application No. 3576/2006, interim protection was granted and in spite of such protection, the petitioner was arrested by the police authorities. 3) The order of this Court dated 30.11.2006 reads as under, - “ Leave to amend. Notice returnable in two weeks. Shri KS Patil, the learned APP waives notice to the respondent no. 1. Hamdast granted. Ad-interim relief in terms of prayer clause (C).” 4) Prayer clause (C) in the Criminal Application reads thus, - 2 CP315/2007 “(C) Pending hearing and final disposal of this Criminal Application, further proceedings in Crime No.17/2006 under Section 406 of the Indian Penal Code may kindly be stayed.” 5) Reading the Order of this Court and the prayer clause (C) in juxtaposition, it remotely indicates that this Court prevented arrest of the applicant/accused. It is pertinent, by prayer clause (D) in the said application, such direction was sought for from this court, however, it was not granted at that stage. 6) In the set of above situation, though the arrest of the applicant was uncalled for, however, it will not invite contempt. 7) Contempt Petition lacks merit, dismissed. No costs. (K.U.CHANDIWAL) JUDGE bdv/