2011 (1) TMI 1546

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ioner and Shri Sudhir Mehrotra, the learned AGA appearing on behalf of the State. At the very outset the learned State counsel has submitted that it would not be a case of contempt at all. Criminal and civil contempt has been defined in the Contempt of Courts Act, 1971. Section 2(b) of the Contempt of Courts Act reads as under :- (b)"civil contempt" means willful disobedience to any judgment, decree, direction, order, writ or other process of a court or willful breach of an undertaking given to a court; Criminal contempt has been defined in Sub-section c of Section 2 of the Contempt of Courts Act, 1971, which reads as under :- (c)"criminal contempt" means the publication (whether by words, spoken or written, or by....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....known persons under Section 504, 506 IPC as case crime no.1120 of 2010, P.S. Sikrara, District Jaunpur. In pursuance of the aforesaid FIR the applicant was arrested in sheer violation of the order passed by the Division Bench of this Court in Virendra Singh's (supra) case, wherein it has been held that an offence under Section 506 IPC is cognizable and bailable. Since, both the sections 504 & 506 IPC are bailable and cognizable, therefore, the arrest of the applicant without having any permission of a Judicial Magistrate was illegal. It has further been contended that the applicant was arrested and was sent to jail and had to apply for bail, and by a judicial order he was released by the Additional Chief Judicial Magistrate, District ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e Government may, in like manner and subject to the like conditions, and with the like effect declare that an offence punishable under Section 188 or Section 506 of the Indian Penal Code shall be non-bailable." It is argued by the learned counsel for the petitioner that Section 10 of the Criminal Law Amendment Act, 1932 does not give power to the State Government to amend by notification any part of the Cr.P.C. and declaring Section 506 IPC to be cognizable has become redundant and the Division Bench of this Court was of the view that the said notification of 1989 is illegal. The Criminal Procedure Code of 1973 is a central act which can only be amended by an act or ordinance and not by a simple notification and the same can be amend....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ce cognizable or non bailable depending on the exigency of the administration. In view of the law laid down in the case of Arnold Rodricks(supra) the power conferred on the State Government to amend the schedule to the Cr.P.C. is permissible" It is therefore submitted by the learned AGA that the Hon'ble Full Bench of this Court has categorically held that the amendment made in the code does not override the legislative power and Section 10 of the Act as well as the notification dated 2nd August, 1989 are valid, consequently the offence under Section 506 IPC is a cognizable and non bailable offence, and as such the opposite party has not at all violated any part of the order of the Apex Court. In case willful disobedience of judgm....