Court On Its Own Motion vs Rajiv Ranjan And Another --- --- --- ...
2024 Latest Caselaw 800 Jhar

Jharkhand High Court

Court On Its Own Motion vs Rajiv Ranjan And Another --- --- --- ... on 23 January, 2024

Author: Ambuj Nath

Bench: Ambuj Nath

     IN THE HIGH COURT OF JHARKHAND AT RANCHI
                     Cont. Case (Cri) No. 03 of 2021
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Court on its Own Motion --- --- --- Petitioner Versus Rajiv Ranjan and Another --- --- --- Opposite Parties

CORAM: Hon'ble The Acting Chief Justice Hon'ble Mr. Justice Ambuj Nath

Amicus Curiae: Mr. Vijay Pratap Singh, Sr. Advocate Mr. Ramit Satender, Advocate For the Opposite Parties: Mr. Umesh Prasad Singh, Sr. Advocate Mr. Piyush Chitresh, Surabhi, Ravi Prakash Mishra, Advocates

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Order No. 08/ Dated 23rd January 2024

Mr. Vijay Pratap Singh, the learned senior counsel has made preliminary objection as to the maintainability of the present reference by the learned Single Judge of this Court.

2. Mr. Vijay Pratap Singh, the learned senior counsel who has been appointed Amicus has referred to the provisions under Rule 397(3) of Jharkhand High Court Rules. The learned Amicus has also laid stress on the powers of the High Court flowing from Article 215 of the Constitution of India to submit that High Court has plenary powers to initiate a proceeding for contempt and punish the contemnors. The learned Amicus has referred to the decisions in the case of "Vijay Kurle, In Re and Others" 2020 SCC OnLine SC 407; "Court on its own Motion versus K.K. Jha & Anr. Contemnors & Ors"

2007 SCC OnLine Jhar 177; "Prashant Bhushan and Another, In Re" (2021) 1 SCC 745 and in the case of "Prashant Bhushan and Another, In Re" (2021) 3 SCC 160.

3. The learned Amicus may file written submissions by next Tuesday, that is, 30th January 2024.

4. Judgment is reserved.

(Shree Chandrashekhar, A.C.J.)

(Ambuj Nath, J) Ranjeet/