MOHAPATRA, JAGANNADHA DAS
S. S. ROY – Appellant
Versus
STATE – Respondent
JAGANNADHA DAS, C. J.
( 1 ) THIS is an application for leave to appeal to the Supreme Court against the judgment and order of this Court in Original Criminal Misc. Cases Nos. 11/51 and 14/51 both of which were dealt with by this Court by a common order. By the said order the two petitioners, viz. , Sri S. S. Roy, then Magistrate, 1st class, Cuttack, and Sri Sankar Charan Sahu, then Sub-Inspector of Police, cuttack, were adjudged guilty of contempt of Court and sentenced to pay a fine of Rs. 100/-and Rs. 50/- respectively. An objection was taken in the course of the argument that as against the order of the High Court adjudging any person to have committed contempt and sentencing him to punishment, no appeal lies or at any rate that the High Court has no power to grant leave to appeal. This objection will be dealt with towards the close of this order and after dealing with the other contentions that have been raised on the merits of the application. To understand those contentions correctly, it is necessary to state a few facts as shortly as possible.
( 2 ) ONE Hrudananda Sahu was the judgment-debtor in a money-decree obtained against him in the year 1935. A warrant of personal ar
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