Gujarat High Court
P.S.Gadhvi vs Jatinbhai Chhitabhai Patel on 10 October, 2014
Bench: M.R. Shah, R.D.Kothari
R/CRREF/1/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL REFERENCE NO. 1 of 2014
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P.S.GADHVI....Applicant(s)
Versus
JATINBHAI CHHITABHAI PATEL....Respondent(s)
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Appearance:
SUO MOTU for the Applicant(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE M.R. SHAH
and
HONOURABLE MR.JUSTICE R.D.KOTHARI
Date : 10/10/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE M.R. SHAH) Present Reference is made by Shri P.S. Gadhvi9 th (Adhoc) Additional District & Sessions Judge, Vadodara received through learned Principal District Judge, Vadodara by his letter dated 12.06.2014, for initiating suo motu contempt proceedings against the opponent Shri Jatinbhai Chittabhai Patel residing at Village Puniyad, Tal: Shinor, Dist. Vadodara made under Section 15(2) of the Contempt of Courts Act, 1971.
From the Reference made by the learned Judge and the material on record and more particularly two letters written and signed by the opponent herein, we are prima facie of the opinion that the contents of letters written by the opponent herein and the conduct on the part of the opponent would tantamount to "criminal contempt" under Section 2(c) of the Contempt of Courts Act, 1971. Under the circumstances, Registry is directed to issue notice upon the opponent herein making it returnable on 19.11.2014 and the opponent herein is hereby called upon show cause as to why the proceedings against him for the "criminal contempt"
within the definition of Section 2(c) of the Contempt of Courts Act may Page 1 of 2 R/CRREF/1/2014 ORDER not be initiated against him and he may not be suitably punish under the provision of Contempt of Courts Act. Registry is directed to issue notice upon the opponent in the prescribed format making it returnable on 19.11.2014.
sd/ (M.R.SHAH, J.) sd/ (R.D.KOTHARI, J.) Kaushik Page 2 of 2