FARJAND ALI
Naveen Soni – Appellant
Versus
State – Respondent
| Table of Content |
|---|
| 1. requirement for a speaking order in trial courts. (Para 1) |
| 2. disregard of court orders is contemptuous. (Para 2) |
| 3. extension of interim orders in pending cases. (Para 4) |
| 4. future hearing scheduled. (Para 5) |
JUDGMENT :
Farjand Ali, J.
In an earlier round of litigation, when the learned trial court framed charges by a very cryptic, mechanical and non-speaking order, the petitioner moved a revision petition before this court, which came to be allowed by a co-ordinate Bench of this court vide order dated 08.03.2019 with a specific direction to the trial court to pass an appropriate and speaking order of framing charge, in accordance with law, after giving opportunity of hearing to both the parties and taking into consideration the evidence available on record. The operative part of the order is felt appropriate to be reproduced herein below :—
An implied order of discharge in criminal proceedings is revisable, despite the absence of an express discharge order.
The necessity for the trial court to apply a reasoned speaking order and show reasonable belief before putting the accused for trial under Section 3(1)(x) of the SC/ST Act.
A trial court's order must be reasoned and address all objections raised; failure to do so results in substantial injustice.
Contempt Petition - Wilful and deliberate disobedience of order - Mere disobedience is not sufficient unless it is shown and proved that disobedience is wilful, deliberate and intentional.
Compliance with court directives must be maintained, and the applicability of government orders cannot be contested in a contempt of court proceeding.
The understanding of the trial court and any misapplication of the law does not amount to contempt.
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