N K ACHARYA Vs. REWASHANKAR
LAWS(MPH)-1955-8-1
HIGH COURT OF MADHYA PRADESH
Decided on August 09,1955

N.K. ACHARYA Appellant
VERSUS
REWASHANKAR Respondents

JUDGEMENT

- (1.) THIS is a petition for a certificate of fitness for an appeal to the Supreme Court under Article 134 (c) of the Constitution of India.
(2.) PROCEEDINGS were taken against the opponent for contempt on the ground that he in the course of his petition for transfer to a Magistrate before whom his case was pending and while he was sitting as a Court made allegations against him imputing partiality and corruption. It was found by this Court that the act of the opponent in submitting the petition to the Magistrate for securing transfer of his case while he was sitting as a Court of the mature aforesaid amounted to a gross insult offered to the Magistrate but it was further held that under the circumstances of the case the High Court had no jurisdiction to punish him for contempt by the summary proceedings as the act of the opponent fell under Section 228, I. P. C. and he could be tried and adequately punished thereunder.
(3.) PRESENT petition is for obtaining certificate under Article 134 (c) of the Constitution of India that the case is a fit one for appeal to the Supreme Court as the question involved in this case is of a great public importance.;


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