JUDGMENT :

1. This special appeal arises in respect of an order dated 21.09.2021 passed by the learned Contempt Judge in Contempt No. 588 of 2021 whereby the contempt petition has been dismissed.

2. The order dated 21.09.2021 passed by the Contempt Judge is sought to be challenged before this Division Bench in intra-court appeal referable to Chapter VIII Rule 5 of the Allahabad High Court Rules, 1952.

3. We have heard Shri A.P. Singh, learned Senior Advocate, assisted Shri Amarendra Pratap Singh for the appellant and Shri Amitabh Rai, learned Additional Chief Standing Counsel representing the State-respondents.

4. At the outset learned State Counsel has raised a preliminary objection as to the maintainability of the special appeal contending that since the order under appeal has been passed by the learned Single Judge in contempt jurisdiction whereby the contempt petition has been dismissed, this special appeal is not maintainable. It is the submission of the learned State Counsel that in terms of the provisions contained in Chapter VIII Rule 5 of the Rules of the Court appeal does not lie before a Division Bench of this Court from a judgment passed by the learned Single Judge in conte