Anand Swaroop Vyas vs Minaxi Vyas (2025:Rj-Jd:18651-Db)
2025 Latest Caselaw 11545 Raj

Rajasthan High Court - Jodhpur

Anand Swaroop Vyas vs Minaxi Vyas (2025:Rj-Jd:18651-Db) on 16 April, 2025

[2025:RJ-JD:18651-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                  D.B. Civ. Contempt Pet. No. 26/2024

Anand Swaroop Vyas son of Shri Murli Dhar Ji Vyas, aged about
76 Years, Profession Advocate, R/1360/2010 resident of 36
Kailash Puri, Opposite Mahaveer Nagar, Tonk Road, Jaipur (Pin
301018), Rajasthan. Mobile No. 9414541227, 8209523519 Email
Anandvyas [email protected]
                                                                        ----Petitioner
                                        Versus
Minaxi Vyas, Leanred Civil Judge, Civil Judge East And Judicial
Magistrate Court, Bhilwara.
                                                                      ----Respondent


For Petitioner(s)            :     Mr. Anand Swaroop Vyas, Petitioner,
                                   Present in Person
For Respondent(s)            :     --



      HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR

HON'BLE MR. JUSTICE SUNIL BENIWAL

Order

16/04/2025

The petitioner has filed this Civil Contempt Petition

purportedly under section 16 of the Contempt of Courts Act, 1971

against the Judicial Officer making an allegation that the said

Judicial Officer did not exceed to his prayer for sending the will

dated 26th May 2006 for forensic examination.

2. Section 2 of Contempt of Courts Act which defines the

expression "contempt" provides as under:-

"2. Definition. In this act, unless the context otherwise requires,-

(a) Contempt of Court means civil contempt or criminal contempt;

(b) Civil contempt means wilful disobedience to any judgment, decree, direction, order, writ or other process of a court or wilful breach of an undertaking given to a court;

[2025:RJ-JD:18651-DB] (2 of 3) [CCP-26/2024]

(c) Criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which -

(i) Scandalises or tends to scandalise, or lowers or tends to lower the authority of, any court; or

(ii) Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or

(iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner;

(d) High Court means the High Court for a State or a Union territory, and includes the Court of the Judicial Commissioner in any Union

territory."

3. In the order dated 4th October 2021 passed in Case No.79 of

2012, the Additional Chief Judicial Magistrate No.1 at Bhilwara

issued certain directions for police investigation. Later on, on

10th February 2023 a separate order was passed by the Court in

Case No.30 of 2011 titled "Chandra Prakash v. Anand Swaroop" in

which an observation has been made that the counter-claim made

by the defendant shall be decided as per law.

4. Mr. Anand Swaroop Vyas, the petitioner appearing in person

refers to the decision by the Patna High Court, wherein a learned

Judge while dealing with the issue of undue delay in verifying the

bail bonds made an observation that such delaying tactics shall

amount to contempt, and submits that this Court may draw a

proceeding against the Judicial Officer under Contempt of Courts

Act, 1971.

5. Having regard to the allegations made in the present

contempt case, we are of the opinion that the proceeding against

the Judicial Officer who has been made respondent shall not lie

and the present contempt petition is liable to be dismissed.

[2025:RJ-JD:18651-DB] (3 of 3) [CCP-26/2024]

6. Any observation made by the learned Judge in "Brijendra

Narayan Choudhary & Anr. v. S.M. Singh & Anr." 1966 SCC

OnLine Pat. 183 shall not lay any foundation for proceeding further

in this contempt case.

7. Therefore, while dismissing the present contempt petition,

we leave it open to the petitioner to avail of remedy as available

to him in law.

(SUNIL BENIWAL),J (SHREE CHANDRASHEKHAR),J 61-Anshul/-

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