Full Bench Prevails: No Contempt Action Without Specific Pleading

The Full Bench decision prevailed over the Division Bench decision in a criminal contempt petition. The court found no specific pleading of flouting the Apex Court's directions, leading to no grounds for contempt action against the opposite party. Failure to comply with court orders may result in departmental action, but not necessarily contempt of court. The court outlined the procedure for initiating contempt proceedings under the Contempt of Courts Act and dismissed the contempt petition due to the absence of grounds for suo-moto action in this case.

---

---

Issues involved: Criminal contempt petition for disobedience of directions issued by Hon'ble Apex Court and order passed by Division Bench of Allahabad High Court.

Contempt of Court Act definitions: Civil contempt as willful disobedience to court orders, and criminal contempt as acts scandalizing the court, interfering with judicial proceedings, or obstructing justice.

Petitioner's grievance: Opposite party arrested petitioner in violation of court orders, detaining them illegally without following proper procedures.

Legal arguments: Notification making Section 506 IPC cognizable and non-bailable was challenged as illegal, as it was issued without proper authority to amend the Criminal Procedure Code.

Opposing views: State argued notification was valid, empowering State Government to make necessary changes for smooth administration, as upheld by Full Bench of Allahabad High Court.

Judgment: Full Bench decision prevails over Division Bench decision, no specific pleading of flouting Apex Court's directions, no grounds for contempt action against opposite party.

Conclusion: Failure to comply with court orders may lead to departmental action, but not necessarily contempt of court. Procedure for initiating contempt proceedings outlined in Contempt of Courts Act, no grounds for suo-moto action in this case, contempt petition dismissed.

---