Karnataka High Court
S.VENKATARAMAN - Appellant
Versus
L.F.MALAVALLI - Respondent
Decided On : 01-31-02
C.C.C.(CRI.) : 1 of 2002
Contempt of Court - Disregard of High Court Directions - Karnataka Apartment Ownership of Flats Act, 1972 - [CONTEMPT OF COURT] - [JUDICIAL DISREGARD OF HIGH COURT DIRECTIONS] - [Karnataka Apartment Ownership of Flats Act, 1972] - The petitioner, a Senior Citizen, sought to prosecute the accused under the Karnataka Apartment Ownership of Flats Act, 1972, alleging cheating and criminal breach of trust. The Trial Court's acquittal of the accused despite High Court directions led to the petitioner alleging contempt of court. The Court found the petition premature as a criminal proceeding was already pending before the High Court, and directed the office to retain the present petition on file while treating it as disposed off, to be revived if circumstances warranted.
Fact of the Case:
The petitioner, a Senior Citizen, sought to prosecute the accused under the Karnataka Apartment Ownership of Flats Act, 1972, alleging cheating and criminal breach of trust. The Trial Court's acquittal of the accused despite High Court directions led to the petitioner alleging contempt of court.
Finding of the Court:
The Court found the petition premature as a criminal proceeding was already pending before the High Court, and directed the office to retain the present petition on file while treating it as disposed off, to be revived if circumstances warranted.
Issues: Prematurity of the contempt petition due to a pending criminal proceeding before the High Court, and the petitioner's age and the need for priority disposal of the criminal appeal.
Ratio Decidendi: The petition was premature as a criminal proceeding was already pending before the High Court, and the petitioner's age and the need for priority disposal of the criminal appeal were considered.
Final Decision: The petition to stand disposed off and the office to follow the directions contained in the order. The criminal appeal in question must be disposed off without any loss of time.
( 2 ) THE petitioner is seriously aggrieved by the fact that despite this direction of the High Court that the Trial Court once again effectively discharged the accused on this occasion by recording the conclusion that certain offences were time barred and that in respect of the remaining that the dispute was of a civil nature. Once again the petitioner came upto the revisional Court which Court effectively confirmed the order with slight modifications. Thereafter, the petitioner approached the high Court for a second time and on this occasion, by order dated 15-2-1999 the earlier orders were quashed, the complaint was restored and the Trial Court was directed to dispose off the case according to law. On this occasion, the Trial Court by its judgment and order dated 4-1-2001 which is a rather lengthy speaking order once again acquitted the accused of all the major offences except those under the Flats Act and imposed a very minor penalty of Rs. 2,000/- on accused 1. This order is the subject-matter of a further revision petition filed by the petitioner to this Court. The petition has been admitted and it is pending.
( 3 ) ACCORDING to the petitioner the manner in which the learned Magistrate has disposed off the proceeding in the face of the two earlier orders of the High Court which are really complimentary to each other, constitutes contempt insofar as the petitioner alleges that the judicial officer has disregarded the directions of the High Court. Undoubtedly, the petitioner is dissatisfied and aggrieved by the final order passed by the Trial Court particularly insofar as the accused have been acquitted of all the major offences and it is his submission that despite conclusions that are reflected in the High Court orders which were binding on the trial Court that it is very clear, that the learned Magistrate has acted not only in disregard but in defiance of the High Court order. Apart from the revision petition which is for corrective action, it is the petitioner's contention that if a judicial officer discharges his functions in this fashion that the issue is actionable under the Contempt of Courts Act vis-avis the conduct of the judicial officer and the manner in which the proceeding has been disposed off. Consequently he submits that even though the learned Advocate General has not accorded any sanction that this Court must entertain the proceeding in exercise of its suo motu jurisdiction under Section 15 of the Contempt of Courts Act.
( 4 ) THE petitioner has drawn our attention to several passages from the commentary on the Contempt of Courts Act by the learned Author v. G. Ramachandran in support of his contention
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