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contempt of court matter what to do
22-Feb-2023 (In Criminal Law)
A Family court judge ordered the police to arrest an Advocate. The advocate started his argument in the matter of application u/s.125 CR.P.C. '' YOUR HONOUR AT PRESENT YOU ARE NOT ACTING AS DISTRICT JUDGE BUT JMFC'S POWERS...Immediately the judge fumed and called the police and ordered him to take the advocate into custody. Then the advocate has tendered his apology as other advocates wanted to cut the matter short. 1. cant it be said a wrongful custody? 2. A the punishment powers are with H.C. The judge's action was without powers? 3. can the advocate take a criminal action for illegal custody? pl. guide me as i was insulted in open court without any contempt by me.
Sir
Please note, if merely those words were spoken as you have mentioned, then certainly it is neither the Contempt, nor could the magistrate court, based on such statement, take any kind of action, whatsoever against the Advocate.
There must be a reasoned order passed by the Magistrate, directing you to be taken in to custody. If that order can be supplied, then it will be useful before giving you precise course of action.
Please note, if merely those words were spoken as you have mentioned, then certainly it is neither the Contempt, nor could the magistrate court, based on such statement, take any kind of action, whatsoever against the Advocate.
There must be a reasoned order passed by the Magistrate, directing you to be taken in to custody. If that order can be supplied, then it will be useful before giving you precise course of action.
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Adv. Vivek Mapara
Ahmedabad | 100+ Answers
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Very unfortunate incident. Many times it happens in the court. The judge/magistrate has the power to rule as it's his court n his rule of power. The complaint can be filed in the HC. The HC may issue a stricter.
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No, this is not a contempt to court that for which the judge ordered to arrest you, you can definitely take action against this, you can make representation to higher forum with regard to this ,for more details u need to have a personal meeting with me.thanks
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