A division Bench of Madhya Pradesh High Court consisting of Chief Justice Ravi Malimath and Justice Vishal Mishra recently passed an order in which the bench deprecated the practice of filing contempt petition against the trial judge for every wrong order passed by him. The Bench held that "Trying to threaten the judges with petitions for contempt, in our considered view, is not going to be accepted. Since this matter is arising for the first occasion we have restrained ourselves from taking strict action but only direct a warning to the petitioners to desist from such adventurism."

In the instant case, petitioners have filed a contempt petition against Chief Judicial Magistrate, Seoni (MP) Sh. Tej Pratap Singh seeking initiation of proceedings of contempt against him alleging that he has violated an order of the High Court passed in Misc. Criminal Case No. 27507/2022 on 09th July 2022. It was submitted before the court that in Para-9 of the above-stated order, earlier order passed by the judge dated 10.05.2022 was set aside and direction was issued to "decide the matter afresh after giving an opportunity to the parties of being heard" but the CJM has recalled the witnesses under section 311 CRPC. 

The HC observed that "On considering the contentions, we are of the considered view that no contempt would arise in this matter. There is no specific order directing the trial court not to summon the witnesses or anything of the like nature. This Court after setting aside the order dated 10.05.2022 which is an order under Section 311 of the Cr.P.C., directed the CJM to decide the matter afresh after granting the opportunity. ‘Afresh’ necessarily means from the beginning. Opportunity has already been granted. Therefore, we do not find any willful disobedience as pleaded by the petitioners. Hence, the petition is liable to be dismissed on this ground itself."

The Bench of the High Court held that "Even assuming the case of the petitioners is to be accepted of certain misapplication of the law, that does not amount to contempt. The understanding of the trial court is quite a different issue than disobedience. One has to show that the disobedience is willful to the orders passed by the superior courts."

Case Details:-

CONTEMPT PETITION CIVIL No. 1987 of 2022

MAJID BEG &ORs.        ...Petitioners

Versus

SHRI TEJ PRATAP SINGH, CHIEF JUDICIAL MAGISTRATE SEONI, DISTRICT SEONI (MADHYA PRADESH)    ....Respondent

Read the complete judgment:-

https://mphc.gov.in/upload/jabalpur/MPHCJB/2022/CONC/1987/CONC_1987_2022_FinalOrder_20-Sep-2022_digi.pdf