P.K.BALASUBRAMANYAN, G.SASIDHARAN
Joseph Kuzhijalil – Appellant
Versus
Joseph Pulikunnel Alias P. S. Joseph – Respondent
BALASUBRAMANYAN, J.
The question raised in this proceeding filed invoking Article 215 of the Constitution of India and Sections 10, 12 and 15 of the Contempt of Courts Act, 1971 is whether this proceeding is maintainable at the instance of the petitioner on the ground that what is alleged is a criminal contempt of the subordinate Court and the sanction sought for by the petitioner before the Advocate General under Section 15 of the Contempt of Courts Act, 1971 read with Section 10 thereof was refused by the Advocate General. The Registry returned the papers to the petitioner by seeking a clarification whether the contempt of Court case is maintainable in view of the dismissal of the petition for sanction by the learned Advocate General. Counsel for the petitioner represented the petition with the endorsement that the sanction of the Advocate General was not necessary in the light of the decision of the Division Bench in Guruvayur Devaswom Managing Committee v. Pritish Nandi, (O.P. No. 7352 of 1985* (Contempt)). Counsel also stated that if that explanation was not acceptable the matter may be sent to the Court for decision. The Deputy Registrar noticing that this was a pe
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