TMI Blog2010 (8) TMI 1138X X X X Extracts X X X X X X X X Extracts X X X X ..... an order dated 20th July, 2009 passed by Special Judge, NDPS, Patiala House Courts, New Delhi. Learned Special Judge, NDPS, vide the impugned order partly allowed the Crl. Revision and partly set aside the order dated 27th April, 2009 passed by learned ACMM and disposed of the revision petition. 2. Brief facts relevant for deciding this petition are that learned ACMM vide order dated 27th Apri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... passed by learned ACMM was an interlocutory order. Petitioner also assailed the order passed by learned Special Judge, NDPS on merits. 4. I have perused the order of learned ACMM and learned Special Judge, NDPS. After perusal of the order of learned ACMM, I find that learned ACMM grossly exceeded his powers in issuing show cause notice as to why proceedings under Contempt of Courts Act be not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... learned Metropolitan Magistrate, ACMM or Sessions Judge, during trial for exercise of its powers, it has to specify as to under which provision of Cr.P.C or Penal Code, the powers were being exercised. If there was no provision under Cr.P.C of issuing a show cause notice to an investigating officer or to his superior officer for contempt of court, such powers cannot be exercised by the subordinate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rdinate court cannot itself assume jurisdiction under Contempt of Courts Act and issue show cause notice as to why contempt proceedings should not be initiated. The provisions of Contempt of Courts Act cannot be resorted to by subordinate court even as a threatening provision. In the present case, the learned ACMM had all material before him, if he considered that it was a fit case for initiation ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f law. I, therefore, in exercise of powers under Article 227 of the Constitution of India, set aside the order of learned ACMM issuing show cause notice to the Investigating Officer/ACP. However, Court of learned ACMM will have liberty to refer issue of contempt to High Court. The present revision petition was filed by the applicant Syed Nusrat Ali who wanted proceedings against ACP and Investigat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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