N.K.Sodhi, C.J.

Whether the Division Bench before which the contempt petition is posted after a Single Judge has found that a prima facie case is made out against the respondent, is bound to proceed with the trial or can it dismiss the petition at that stage and drop the proceedings is the question which arises in the two contempt cases (Civil) nos.807 of 2003 and 854 of 2004 which are being disposed of by this order. Since the question has to be answered in the light of the Contempt of Courts (High Court of Kerala) Rules (hereinafter referred to as ‘the Rules’), it is not necessary at this stage to refer to the facts of either of the two cases.

2. Rules 6,9,10,12,13,14, and 16 are relevant for our purpose and these may first be noticed.

“6. Taking cognizance:- Even proceeding for contempt shall be dealt with by a Bench of not less than two Judges.

Provided that a proceeding under Section 14 of the Act shall be dealt with by the Judge or Judges, in whose presence or hearing the offence is alleged to have been committed and in accordance with the provisions thereof.

Provided further that where civil contempt is alleged in respect of the judgment, decree, direction, order, wri