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2023 (1) TMI 239 - HC - GST


Issues:
Contempt of court for non-compliance with a court order.

Analysis:
The petition was filed for contempt under Section 11 and 12 of the Contempt of Courts Act, alleging willful non-compliance with a court order dated 23.04.2019 in a criminal proceeding initiated through a writ petition under Article 226 of the Constitution of India. The writ petition arose from a fraud involving Rs.400 crore of public money. The order directed the writ petitioner to appear before the Senior Intelligence Officer when summoned, ensuring no arrest on the first day of appearance and granting a fair hearing opportunity.

The contempt case was initiated due to the writ petitioner's alleged non-appearance before the Senior Intelligence Officer, leading to the petitioner's defiance of the court order. The petitioner's counsel referred to similar instances where contempt cases were filed for non-appearance, emphasizing the authority's power to take coercive action, including arrest, after multiple summons.

Upon review of the relevant orders and proceedings, the court questioned the petitioner's counsel about the steps taken to secure the writ petitioner's appearance as per the court's direction. The counsel failed to provide a satisfactory response, prompting the court to question the necessity of filing a contempt case instead of taking coercive measures to ensure the litigant's appearance.

Despite the lack of a clear response from the petitioner's counsel, the counsel eventually requested to withdraw the contempt case. Subsequently, the court dismissed the case as withdrawn, bringing the matter to a close.

 

 

 

 

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