Himachal Pradesh High Court
State Of Himachal Pradesh And Others vs Jai Dutt And Others on 21 June, 2023
Bench: Mamidanna Satya Ratna Sri Ramachandra Rao, Ajay Mohan Goel
1
IN THE HIGH COURT OF HIMACHAL PRADESH
AT SHIMLA
LPA No.179 of 2022
Decided on:21st June, 2023
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State of Himachal Pradesh and others
....Appellants
Versus
Jai Dutt and others
......Respondents
Coram
The Hon'ble Mr. Justice M.S. Ramachandra Rao, Chief Justice
The Hon'ble Mr. Justice Ajay Mohan Goel, Judge
Whether approved for reporting?
For the appellants: Mr. Anup Rattan, Advocate General with
Mr. Navlesh Verma, Mr. Rakesh Dhaulta &
Mr. Pranay Pratap Singh, Additional
Advocates General, Mr. Gautam Sood,
Mr. Arsh Rattan and Mr. Sidharth Jalta,
Deputy Advocates General.
For the respondents: Mr. C.N. Singh, Advocate, for respondents
No.1 to 4.
Ms. Shashi Kiran Negi, Advocate, for
respondent No.5.
M.S. Ramachandra Rao, Chief Justice (oral)
The order impugned is an order dt. 15.10.2022, passed by learned Single Judge, directing appellant No.3 to show ::: Downloaded on - 23/06/2023 20:31:52 :::CIS 2 cause as to why contempt proceedings be not initiated against him and it is not in the nature of a "judgment" within the meaning of Clause 15 of the Letters Patent of the Calcutta High .
Court (See: Midnapore Peoples' Co-op. Bank Ltd. & Ors.
v. Chunilal Nanda & Ors. 2006, CRI.L.J. 2903) equivalent to Clause 10 of the Lahore High Court, applicable to this Court.
Therefore, this appeal is not maintainable.
2. Accordingly, the Letters Patent Appeal is dismissed alongwith CMP No.15228 of 2022 for stay of the proceedings, in CMP No.6905 of 2022 in COPC No.174 of 2021.
3. Pending miscellaneous application(s), if any, shall also stand disposed of.
(M.S. Ramachandra Rao) Chief Justice (Ajay Mohan Goel) Judge June 21, 2023 (Bhardwaj) ::: Downloaded on - 23/06/2023 20:31:52 :::CIS