JUDGMENT (CAV)

Deepak Gupta, C.J.—On account of cleavage of opinion between two Division Benches of this Court regarding maintainability of an appeal under Section 19 of the Contempt of Courts Act, 1971 (hereinafter called ‘the Act, 1971’), the following question has been referred for adjudication by this Full Bench:—

“Whether an appeal under Section 19 of the Act is maintainable against an order passed by the Single Judge framing charges against the contemnor under contempt jurisdiction?”

2. A Division Bench of this Court vide its order dated 22.01.2015 in M.A. No.04 of 2015 held that an appeal lies against an order framing a charge in contempt proceedings under Section 19 of the Act, 1971. However, in another judgment delivered by another Division Bench of this Court on 06.04.2016 in M.A. No. 15 of 2016 and other analogous cases, it has been held that an appeal under Section 19 of the Act, 1971 would lie only from an order or decision imposing a punishment for contempt and unless there is an order or decision imposing punishment, an appeal under Section 19(1) of the Act, 1971 would not be maintainable.

3. At the outset, we may mention that the judgment passed on 06.04.2016 does n