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PETITIONER: RIZWAN-UL-HASAN AND ANOTHER
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH.
DATE OF JUDGMENT: 05/02/1953
BENCH: MAHAJAN, MEHR CHAND BENCH: MAHAJAN, MEHR CHAND DAS, SUDHI RANJAN
CITATION: 1953 AIR 185 1953 SCR 581 CITATOR INFO : R 1962 SC1172 (28) R 1970 SC 720 (6)
ACT: Contempt of Courts Act (XII of 1926), s. 3-Proceedings before Sub-Divisional Magistrate-Application by respondents to District Magistrate containing allegations against trying Magistrate and the bona fides of the pending proceedings- Transmission of application to Sub-Divisional Magistrate for report-Whether amounts to contempt of Court-Question of prejudice.
HEADNOTE: The jurisdiction in contempt of court is not to be invoke a unless there is real prejudice which can be regarded as a substantial interference with the due course of justice. The purport of the court’s action is a practical purpose and the Court will not exercise its jurisdiction upon a mere question of propriety. During the pendency of proceedings against A and B under s. 145, Criminal Procedure Code, in the court of a Sub- Divisional Magistrate, A and B made an application to the District Magistrate alleging that the proceedings were not bona fide and 582 containing statements in the nature of a countercharge. The 2nd appellant who was then officiating as the District Magistrate ...