1954 (5) TMI 22

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....terial time a 1st Class Magistrate of Cuttack, has been found, by the High Court of Orissa, to be guilty of contempt of the Court of the Additional Munsif of that place, by reason of his making an order, under Section 144 of the Criminal Procedure Code, by which a civil court peon was restrained from executing a warrant of arrest issued by the said Additional Munsif in connection with the executio....

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....r and without proper care and attention. In our opinion, on the facts found by the High Court, the appellant could not possibly be found guilty of contempt of court land punished accordingly. As has been said by the Privy Council in Barton v. Field, (1843) 4 Moo PCC 273, it is not sufficient in such cases for the purpose of visiting a Judicial Officer with the penal consequences of proceeding in c....