- (1.)THIS is a petition under Section 3 of the Contempt of Courts Act, 1952, for committing the respondents for contempt of Court The first respondent is the Sub-Divisional Officer, Waraseoni, District Balaghat: the second respondent is the circle Inspector of Police. Waraseoni; and the third respondent is the superintendent of Police, Balaghat.
(2.)THE petitioner says that he hold a mining lease in respect of certair lands situated in village Koilari of Waraseoni Tehsil; that the lease was granted to him on 20th October 1956 and is for a period of 20 years; that on a report being made by some interested person that the petitioner has without any lawful authority extracted and removed minerals, the Sub-Divisional Officer started an enquiry under Section 247 of the M. P. Land Revenue Code, 1959; that during the pendency of proceedings under Section 247 of the Code, the Sub-divisional Officer made a report to the police asking the police authorities to register a case of theft against the petitioner and he also banded over to the Circle-Inspector of Police the measurement, book seizure memo, Supratnama, and other documents filed in the proceedings under Section 247 of the Code.
(3.)THE petitioner's contention is that the Sub-divisional Officer, who is holding an enquiry against him under Section 247 of the Code under the orders of the collector, functions as a Court; that the matter of illegal extraction and removal of minerals being sub judice before the Sub-Divisional Officer, he could not ask the police authorities to register a case of theft against the petitioner and start a parallel enquiry by the Police and could not also hand over the documents filed in the proceedings under Section 247 of the Code to the police authorities; that the sub-divisional Officer by making a report to the Police against the petitioner about the offence of theft and by handing over certain documents filed in proceedings under Section 247 of the Code to the Police has committed contempt of Court; and that the Circle Inspector, who is investigating the offence of theft, has also committed contempt of Court.