NH.EO-N~. _ £\\® 1 \Wn© RWST n mgmiAQKCQw 3g . “0«C&\«Iv A§§ ggmérmo§§ g \wk §§ wig xgxx §yf§w§< ggwa , gwagmng , igmgg a w§§ \KQHNW\& Khmvw x Nw§ & 3:4 §C® i? QKE$NR¢R < a NEW HIGH COURT 0? CHHA’I‘TISGAW éT BILA$PUR Contempt Case {Criminali Wo£3 i 2008 PETiTiGNER State 0f Chhatiisgarh VER$US RE$PONDENT B. P. 'i‘n‘pathi Appearance: ' Shn' Ami} $310, Govsrnmsnt Ad Shri Shashank '1' Contemnor. vacate fer the State. ‘hakur, counsel for thc respomient/ Division Bench:- Hon’bleM Shri T.P. sharma 55 3 Hon’ble shri R.L.Jhanwar,JJ , 93M. ORDER (13.12.2010; Per T.P.Sharma, J. The th€n First Additional Sessions Judge, Ambikapur has made reference against the Contemnor Shri B.P. Tripathi, Advocate for‘im'tiation of contempt proceedings under Section 15 V (2) ofthe Contempt of Courts Act, 1971. The .Contemnor has filed his reply; Asper record and contempt proceedings, Civil Appeal No. ”' I , : ‘l t} llA/ 2005 Was pending before First Additio Am'bikapur. On nal District Judge, 7.5.2005, after hearing the parties, case was“ closed for judgment for 9.5.2005. Contemnor has filed one application un On 9.5.2005, present der Section 151 of the opportunity C.P.C., in which, he has mentioned the fact that before providing“ of arguing to him for his party.- Court has closed the . case for judgment and this may. amount to failure ofjustice. The ' said application was dismissed by the then presiding ofiiee‘rx ax; V.“ , I V i ,. ’L’ 1052005, who has requestéd the District Judge for transfer of the. case to ailo’ther Court on the ground of this application. Finally, aftor issuance of show cause notice and enquiry under Contempt of Courts Act, subsequent Presiding Onicer has mferred the contempt proceedings against the contemnor. By filing a written reply, contemnor has alleged that on the ground of previous complaint against the subsequent Presiding Officer, the Presiding Ohicer has referred the matter. He has tendered apology. While replying to the Show cause notice, he has also tendered apology before the referral court and has explained the circumstances, in which, he has filed the application before the said Court. Without any further comment, it revealed that the application tiled on behalf of the Contemnor before the trial Court that while filing the application and making request, Contemnor has not observed propercourtesy, but he has tendered apology before the trial Court and before this Court also. Therefore, We are of the considered View that the contempt proceedings should be dropped and the same are dropped in accordance with Section 12 of the Contempt of Courts Act, 197 1. l Sdl- Sd/- T. P. Sharma R.L.' Jhanwar Judge Judge