Sunil @ Sona Tamrakar v. Anand Ram

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONT No. 53 of 2016 Sunil @ Sona Tamrakar Aged About 45 Years Director/ Owner Of M/s Tridev Kadhihi Udyog, S/o Late Ramesh Tamraker, R/o Ward No. 13, Near New Sabji Mandi Tahsil And Thana Manendragarh, Distt. Koriya, Chhattisgarh ---- Petitioner

Versus

Anand Ram, Town Inspector, Thana Manendragarh, Distt. Koriya, Chhattisgarh ---- Respondent For Petitioner :

Mr. Parag Kotecha, Advocate.

Hon'ble Shri Justice Manindra Mohan Shrivastava Order on Board 27/04/2016 Heard.

The matter has come up for consideration on maintainability of the contempt proceedings directly before this Court, in the matter of alleged contempt of the orders and proceedings of a subordinate Court. Rule 352 of the High Court of Chhattisgarh Rules, 2007 provides as below : "R.352. In case of Civil Contempt, the Court concerned shall make a reference to the High Court by following, as far as possible, the same procedure laid down for reference in case of Criminal Contempt."

In view of the above, proper procedure to be followed even in case of civil contempt would be to seek a reference to this Court by the Court concerned.

The contempt petition is therefore not maintainable and is dismissed with liberty to take proceeding in accordance with the provision of Rule 352 of the High Court of Chhattisgarh Rules, 2007.

Sd/- (Manindra Mohan Shrivastava) J U D G E Rekha