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Criminal Original No. 56 of 1974, decided on 22nd August 1974.
----S. 3‑Magistrate passing order disregarding provision of law --Does not commit contempt of his own Court‑Such order, if against law or erroneous can be challenged in a superior Court.
Petitioner in person.
1. This is a petition for taking action against the trial court for having committed contempt of his own Court.
2. The contempt alleged to have been committed is that he disregarded the provisions of Section 496, Cr. P. C. and refused to pass order of bail in a case against a driver, being prosecuted for the offence under section 304‑A P. P. C. It is submitted that the refusal of bail was ordered on the basis of another order passed by the Magistrate on the police file to the effect that a case against the petitioner under section, 304, P. P. C. should be registered.
3. These allegations do not amount to committing contempt of Court. If the learned trial Court has acted against law, the actions which are erroneous in law can be challenged in a superior Court. Only because the Court may have acted against law would not render him guilly of contempt.
Petition dismissed.
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