ORDER

This appeal has been filed on behalf of the State of Maharashtra for setting aside an order dated 12th July, 1988 passed by the High Court of Bombay dropping the contempt proceeding which had been initiated against the respondents.

2. It appears that respondents had filed a writ petition before the High Court claiming refund of Rs. 2,60,144-70 paid as countervailing/additional duty. The Customs department filed an affidavit stating that a false claim had been made before the Court for obtaining refund because in fact the writ petitioners respondents had not paid any duty at all and had claimed the refund on basis of forged documents. In connection with the said dispute, a notice was issued to the respondents as to why a complaint be not filed against them under Sections 191, 192, 209 and 210 of the Indian Penal Code. A notice was also issued to the respondents directing them to show cause why proceedings for contempt be not initiated against them. After taking into consideration the show cause filed on behalf of the respondents an order was passed directing that a complaint be filed against them. The learned Judges having passed the aforesaid order directed that no action be