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2007 Supreme(All) 260

A.P.SAHI
RAVINDRA SHARMA – Appellant
Versus
SANTOSH KUMAR – Respondent


Advocates appeared:
P.K. Singh and R.K. Pandey for the Applicants; S.M.A. Kazmi, Advocate General, Nurul Huda, S.C. for the Opposite Parties.

JUDGMENT

Hon’ble A.P. Sahi, J.—This contempt petition raises questions to be answered, keeping in view the recent amendments brought about in the Criminal Procedure Code, as would be referred to hereinafter, and also the scope and extent of the exercise of powers vested in this Court under Article 215 of the Constitution of India read with the provisions of Contempt of Courts Act, 1971. The applicants allege that they were detained unauthorizedly at Police Station Lar, District Deoria, without following the procedure for arrest and in complete violation of the guidelines laid down by the Apex Court in Joginder Kumar’s case reported in (1994) 4 SCC 260 and further elaborated in the celebrated decision of D.K. Basu v. State of West Bengal, (1997) 1 SCC 416. The applicant alleges that he was detained in the night of 7/8.8.2005 and the applicant No. 2 was challaned under Section 151, Cr.P.C. in a manner which violated the aforesaid provisions, facts with regard to which have been stated in paragraphs 13 and 14 of this application. The applicant alleges that the opposite party Nos. 1 to 3 have, therefore, made themselves liable for contempt keeping in view the decision of the Apex Court




























































































































































































































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