- (1.) THE Petitioner has invoked the powers of this court for initiating contempt proceedings under Section 12 of the Contempt of Court's Act against the, respondents 2 to 4 on the ground that the respondents 2 to 4 had willfully disobeyed and disregarded the order/direction of this court dated 11.10.2007 passed in A.B.A. No. 1630 of 2007.
(2.) FACTS of the case, stated briefly, IS that the petitioner had filed an application vide A.B.A. No. 1630 of 2007 praying for anticipatory bail. By order dated 11.10.2007, pending hearing of the bail application, a Bench of this Court while calling for the case diary of the case under reference, passed interim order that that no coercive steps shall be taken against the petitioner. The contention of the petitioner is that in spite of the above order of this court restraining the respondents to take any coercive steps against the petitioner, respondent no. 3 being the Officer -in -Charge of Sunder Pahari Police Station within the District of Godda, had arrested the petitioner in connection with the case under reference in the anticipatory bail application. The petitioner was not released from arrest in spite of fact that he informed the respondent no. 3 about the interim protection granted by the High Court by the aforesaid order passed in the anticipatory bail application and had also produced a letter of his lawyer containing the substance of the order as passed by the High Court. Instead, the respondent no. 3 forwarded the petitioner for his judicial remand to the court of Chief Judicial Magistrate, Godda. The petitioner informed the Presiding Officer of the Court namely, the respondent no. 4 herein about the interim protection granted by the order of this court, but in spite of such information, the respondent no. 4 issued a warrant for the judicial remand and custody of the petitioner and pursuant to which, the petitioner was remanded to judicial custody. On the aforesaid ground, petitioner has claimed that the respondents have willfully disobeyed and disregarded the order/direction passed by this court and they are therefore liable to be prosecuted for contempt of court.
(3.) BY order dated 6.11.2007 passed in the 'present case, the Chief Judicial Magistrate, Godda (respondent no. 4) was called upon to report as to under what circumstances was the petitioner remanded to jail custody in spite of the order dated 11.10.2007 passed in A.B.A. No.' 6.11.2007. A similar direction was issued to the respondent no. 3 through counsel for the State directing him to file show cause on the allegation made by the petitioner. Show -cause replies both of Chief Judicial Magistrate., Godda (respondent no. 4) and Officer -in -charge, Sunder Pahari Police Station, District -Godda were duly received.;