Shravan Kumar vs Tarun Gupta And 12 Others on 19 May, 2023
"9. Thus, in view of the above, it becomes crystal clear that the proceedings are analogous to the contempt of court proceedings but they are taken under the provisions of Order XXXIX, Rule 2A, C.P.C. for the reason that the special provision inserted in the Code shall prevail over the general law of contempt contained in the Contempt of Courts Act, 1971 (for short, "the Act, 1971"). Even the High Court, in such a case, shall not entertain the petition under the provisions of Act, 1971. (Vide Ram Rup Pandey v. R.K. Bhargava and Ors. ; Smt. Indu Tewari v. Ram Bahadur Chaudhari and Ors. ; Rudraiah Company v. State of Kamataka and Ors. ; Papanna v. Nagachari AIR 1996 Kant 256 and Smt. Savitrt Devi v. Civil Judge (S.D.) Gorakhpur 2003 (3) AWC 1718 : (2003) 6 AIC 749 (All).