- (1.) THIS is a petition for initiating a proceeding for Criminal Contempt against Opposite Party No.2 on the averment that the Opposite Party No.2 had filed a false affidavit in the Writ Petition (C)No.1785 of 2007 which is still pending.
(2.) IN support of this contempt petition, it is submitted that this Court should examine these facts as to whether the Opposite Party No.2 had sworn a false affidavit or not before the learned Single Judge and thereafter initiate criminal contempt proceeding against Opposite Party No.2. We do not find any substance in this contention as the petitioners allegation that the Opposite Party No.2 had sworn a false affidavit cannot be scrutinized by the Division Bench especially when the writ petition is still subjudice before the Single Bench. If the petitioner, in fact, has a reason to file a criminal contempt against the Opposite Party, he should have sought an order from the concerned Single Bench that the affidavit is false. Criminal contempt proceeding cannot be straightaway entertained unless it was clearly established that a false affidavit has in fact been sworn by the Opposite Party. The question as to whether the affidavit is true or false cannot straightaway be decided by this Court de hors the fact that the concerned Single Bench is seized of the matter where the context of the averment of the writ petition could be examined and decided whether the affidavit was false or not. In absence of any adjudication on this question, straightaway a petition for criminal contempt cannot be entertained. Hence, this petition is rejected with the liberty to approach the appropriate forum.;