DASU RAM AZAD,J. - (1.) HEARD learned counsel for the applicant and learned Additional Government Advocate.
(2.) THIS criminal contempt petition has been filed for initiating proceedings for contempt against the opposite parties for having flouted the order of this Court dated 7.1.2009 passed in Criminal Misc. Application No. 35526 of 2008 (Bhup Ram and others Vs. State of UP and others). In our view a criminal contempt under section 2(c) of Contempt of Courts Act, 1971 lies when a person by word or sign or otherwise does any act, which tend to scandalise or lowers, or tends to lower the authority of any Court, or prejudices, or interferes or tends to interfere with, the due course of any judicial proceedings, or interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner.
(3.) WE think that simply for flouting an order, if at all, where material is led to show that the matter has been duly communicated prior to the action taken by the alleged contemnor, a civil contempt may lie, but a criminal contempt would not lie.;