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AIR 2007 SUPREME COURT 2725 ::2007 AIR SCW 4921
Supreme Court Of India
(From : MADHYA PRADESH)
Hon'ble Judge(s): R. V. Raveendran, Lokeshwar Singh Panta , JJ

(A) Contempt of Courts Act (70 of 1971) , S.2(c)— Contempt of Court - Bona fide act in course of discharge of duties and complying with directions of superior officers - Does not amount to contempt - Complaint of misbehaviour in Court against police personnel - Holding inquiry against erring police official - Not enquiry against Judge - Not contempt. Contempt Petition (Cri.) No. 5 of 2000, D/- 2-3-2001 (M.P.), Reversed. Any bona fide act in the course of discharge of duties and complying with the directions of the superior officers, should not land the Inquiry Officer in a contempt proceedings.(Para 19) Where on complaint sent by Magistrate to Inspector General of Police requiring action against a police personnel alleged to have misbehaved in Court, a directive was sent by Inspector General of Police to hold an enquiry and take disciplinary action against said police personnel and the appellant who was Sub-Divisional Officer (Police) held a preliminary enquiry in respect of conduct of delinquent police officer, and recorded statement of witnesses in regard to the incident in question, the act of appellant in holding enquiry and recording statement of witnesses cannot be held to be contempt of Court. The inquiry was not in regard to the conduct of the Judge. As the inquiry was against delinquent officer, the appe....

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