HARI OM SHARMA Vs. FAMILY COURT, MEERUT AND ANOTHER
LAWS(ALL)-1997-2-147
HIGH COURT OF ALLAHABAD
Decided on February 25,1997

HARI OM SHARMA Appellant
VERSUS
Family Court, Meerut Respondents

JUDGEMENT

Markandey Katju, J. - (1.) THIS is an application under Article 215 of the Constitution of India. In my opinion, all contempt matters whether they are under Article 215 of the Constitution or under Section 10 of the Contempt of Court Act have to be placed before the learned Judge hearing contempt matters. Learned counsel for the petitioner submitted that since it is an application under Article 215 of the Constitution it will not go before the contempt judge. I do not at all agree with this submission. Hon'ble The Chief Justice has specified a particular Judge for hearing all contempt matters, and hence all contempt applications, whether they are filed under Article 215 of the Constitution or under Section 10 of the Contempt of Court will go before that Hon'ble Judge to whom contempt matters have been nominated by Hon'ble the Chief Justice. Learned counsels can not resort to Bench choosing by this none to clever device, sometimes calling the contempt application as an application under Section 10 of Contempt of Court and sometimes calling it as an application under Article 215 of the Constitution in an effort to seek their own Benches. This kind of tactics can not be appreciated at all. In my opinion, this application under Article 215 of the Constitution has also to be placed before the Hon'ble Judge hearing contempt matters. Put up before that Hon'ble Judge in the next supplementary cause list.;


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