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2022 Supreme(Chh) 326

SANJAY K.AGRAWAL, RAJANI DUBEY
Court on its own Motion in Re Reference made by the Judicial Magistrate – Appellant
Versus
Rajwardhan Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr.Sunil Otwani, Additional Advocate General with Mr.Soumya Rai, Panel Lawyer
For the Respondent:Dr.N.K.Shukla, Senior Advocate with Mr.Manoj Paranjape, Advocate

ORDER :

Sanjay K. Agrawal, J.

1. Smt.Aditi Thakur, First Civil Judge Class-II, Ambikapur, District Surguja has referred this reference under Section 12 read with Section 15(2) of the Contempt of Courts Act, 1971 (hereinafter called as 'Act of 1971') further read with Rule 350 (1) of the High Court of Chhattisgarh (Contempt of Court Proceedings) Rules, 2007 (hereinafter called as 'Rules of 2007') after holding preliminary inquiry under the Rules of 2007 stating inter-alia that conduct of the respondent/contemner in Court proceeding dated 27.2.2021 prima facie falls within the category of criminal contempt as defined under Section 2(c) of the Act of 1971 and therefore, cognizance be taken under Section 12 read with Section 15(2) of the Act of 1971.

2. After receipt of record, this Court by order dated 02.12.2021 finding the case to be worth consideration, took cognizance of criminal contempt and issued notice to the respondent/contemner for his appearance before this Court and accordingly, in response to the notice so issued, the contemner has appeared and firstly filed preliminary

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