# getting the views of the officer whose proceedings have been examined by the Sessions

- **Citation:** C.L. No. 86/VIIg-2
- **Court:** Allahabad High Court
- **Decided:** 2009-04-07
- **Case number:** C.L. No. 86/VIIg-2
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/getting-the-views-of-the-officer-whose-proceedings-have-been-examined-by-the-163642
- **Pages:** 1

## Text

374
 The provision in rule 100 : Chapter X of the General Rules (Criminal), 1957*, that
when a Sessions Judge on examining the record of any proceeding, thinks fit to report
the result of examination for the orders of the High Court, he should, except in a case in
which delay should be avoided, call for and submit with the report the explanation of the
officer whose proceedings have been examined by him, was made with the object of
getting the views of the officer whose proceedings have been examined by the Sessions
Judge as well. It is, however, impressed upon all District Magistrates and all Magistrates
in their districts that whenever they are called upon to give explanations as required by
the rules or by order of the High Court or the Sessions Judge, they have to carry out the
orders and whatever explanation they submit should be properly worded and should not
show either disrespect or discourtesy to any superior officer or court.
55. INITIATION OF CONTEMPT PROCEEDINGS
C.L. No. 86/VIIg-2 dated 7th September, 1953
Before making a recommendation for starting contempt proceedings a case
should be examined in the light of the principles affirmed by the Supreme Court in their
judgment in Brahma Prakash Sharma and others versus The State of Uttar Pradesh,
Criminal Appeal no. 24 of 1951, decided on 8th May, 1953 (1953 A.L.J.R., p. 571).
C.L. No. 40/VII c-25 dated 25th March, 1975
While making preliminary enquiries in contempt matters the statements of
alleged contemners and the witnesses must either be recorded on oath or taken on
affidavits.
C.L. No. 57/VIII e-c-167 dated 20th May, 1961
Whenever a report, regarding contempt of subordinate courts is made, it should
be accompanied by, as many copies of the report as there are parties against whom
proceedings are proposed to be initiated together with one extra copy.
C.L. No. 68/V110-25 dated 19th June, 1979
The Court has noticed that contempt references from the subordinate courts are
often received after the period of expiry of one year from the alleged date of contempt
with the result that the same are filed.
Attention of all the judicial officers including District Judges is invited to the
provisions of Section 20 of the Contempt of Courts Act 1971 which provides that no
court shall initiate any proceedings for contempt, either on its own motion or otherwise,
after the expiry of a period of one year from the date on which the contempt is alleged to
have been committed.
Timely submissions of service reports in Contempt matters by the Chief Judicial
Magistrates.
C.L. No. 11/2009/IIIb-36/Admin ̳G', Dated: April 7, 2009

Taking serious view of the non submission of reports within stipulated time by the
Chief Judicial Magistrates in the matter of effecting service of summons in Contempt

* Note: Now 1977 Vide Notification No. 504/vb-13, dated 5.11.1983