2008 Supreme(All) 2088

[2008(8) ADJ 24 (NOC)(DB)]
ALLAHABAD HIGH COURT
BEFORE : AMAR SARAN AND S.C. NIGAM, JJ.
ANUKUL SINGH ... Applicant
Versus
MOHAMMAD BABAR ... Opposite Party
(Criminal Misc. Contempt Application No. 9 of 2007, decided on 4th September, 2008)

Headnote:(A) Contempt of Courts Act, 1971—Section 2 (b) and (c)—Contempt proceedings—Civil Contempt—Proceedings drawn against noticee for having violated order of Court—Inspite of High Court stayed criminal proceedings—Applicant was arrested by noticee—Prior to said order Magistrate issued non-bailable warrants—Whereas no mention in contempt petition that when said order was handed over to police officials—No presumption that said order was handed over to noticee prior to date of his effecting arrest—Held, no good reason to think that said order was communicated to noticee—No action for contempt can be taken against noticee.

       (B) Contempt of Courts Act, 1971—Section 2(b)—Civil Contempt—Definition of—Means wilful disobedience to any judgment, decree, direction, order, writ or other process of a Court or wilful breach of an undertaking given to a Court. Application Dismissed.