As per case facts, the Petitioner initiated Contempt proceedings against the Respondents, alleging deliberate defiance and wilful disobedience of Supreme Court and High Court judgments related to arrest guidelines. The ...
J-CP-529-2019 (C).DOC
Chitra Sonawane/Mayur
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
CONTEMPT PETITION NO. 529 OF 2019
Binod Agarwal S/O Sitaram Agarwal …Petitioner
Versus
State of Maharashtra, Thr. Commissioner Of
Police And Ors.
…Respondents
Mr. Binod Agarwal (In-Person), for the Petitioner.
Mr. J.P. Yagnik, Addl. G.P., for the Respondent-State.
Mr. Ketan K. Pawar, ACP (Rtd), and Mr. Sunil Rama Malgavi, API
(Santacruz Police Station), present in Court.
CORAM :SUMAN SHYAM &
ADVAIT M. SETHNA, JJ.
RESERVED ON :08 JULY 2026.
PRONOUNCED ON :28 JULY 2026.
JUDGMENT (Per Advait M. Sethna, J.) :-
1.The Petitioner in person has preferred the present Contempt
proceedings against the Respondents for acting in deliberate
defiance and wilful disobedience of the Judgment and Order
passed by the Supreme Court and this Court in certain cases
namely Joginder Kumar Vs. State of U.P & Ors
1
, Lalita Kumari Vs.
1. (1994) SCC 4 260
Page 1 of 16
MAYUR
KONDIRAM
ADANE
Digitally signed
by MAYUR
KONDIRAM
ADANE
Date:
2026.07.28
16:14:17 +0530
J-CP-529-2019 (C).DOC
Government of Uttar Pradesh & Ors
2
, Arnesh Kumar Vs. State of
Bihar & Another
3
, Leonard Xavier Valdaris & Ors Vs. Office-In-
Charge, Wadala Railway Police Station & Ors.
4
Accordingly, the
Petitioner prays for issuing (
suo moto) contempt action against the
Respondents by issuing notice under Rule 9 read with Rule 8 of the
Contempt of Courts (Bombay High Court), Rules, 1994 (
'said Rules'
for short).
2.Heard learned counsel appearing for the respective parties.
By consent of the parties, the Contempt Petition is taken up for
final disposal.
Factual Matrix :
3.The facts, in brief, necessary for adjudication of the present
Petition are as under:
4.An FIR bearing No. 93 of 2018 was registered against the
Petitioner on 11
th
September 2018 for the offences punishable
under Section 43 read with Section 66C of the Information
Technology Act, 2000 ('IT Act' for short) This was followed by a
2. (2014) SCC 2 1
3. 2014 SCC 8 273
4. WP/2110/2014 dated 13 August 2014
Page 2 of 16
J-CP-529-2019 (C).DOC
report dated 24
th
October 2018 submitted before the learned
Additional Chief Metropolitan Magistrate, under which the
Respondents sought to invoke Section 70 of the IT Act, against the
Petitioner. The Respondent No.3 has stated that upon completion
of the investigation, a charge-sheet came to be filed on 14
th
December 2018, before the Trial Court.
5.Upon investitgation the Petitioner was arrested on 24
th
October 2018. The Petitioner remained in custody for a period of
approximately 65 days. The Petitioner was thereafter enlarged on
bail by an order dated 21
st
December 2018 passed by the learned
Single Judge of this Court in Criminal Bail Application No. 3027 of
2018.
6.The Petitioner then moved Criminal Writ Petition No. 5182
of 2018 pending before this Court, seeking quashing of FIR No. 93
of 2018 dated 11
th
September 2018.
7.During the pendency of the said proceedings, the parties
executed and filed Consent Terms on 19
th
June 2019 in Writ
Petition No. 5182 of 2018. It was recorded therein that all disputes
Page 3 of 16
J-CP-529-2019 (C).DOC
between them had been amicably resolved and that the complaints
lodged by each against the other would stand withdrawn.
8.The Division Bench of this Court by an order dated 20
th
June 2019 took the said consent terms dated 19
th
June 2019 on
record and allowed the Petition by quashing Criminal Case No.
PW/2203356/2018 arising out of FIR No. 93 of 2018, registered
under the provisions of Section 43, 66(C), 70 of the IT Act read
with Section 408 of the Indian Penal Code, 1860 ('IPC ' for short).
9.The said Contempt Petition is, thereafter, filed on 4
th
November 2019.
Rival Contentions :
10.Mr. Binod Agarwal, appearing in person, has vehemently
contended that the Respondents have acted in gross violation of
the orders and directions passed by the Hon'ble Supreme Court
and this Court in the aforesaid judgments (supra). It is contended
that the mandate of law contained in the said judgments has been
deliberately and wilfully disobeyed by the Respondents. This is
inasmuch as, the arrest of the Petitioner was in complete
contravention of Section 41A of the Code of Criminal Procedure,
Page 4 of 16
J-CP-529-2019 (C).DOC
1973 ("CrPC" for short), thereby rendering the arrest completely
illegal. Moreover, the guidelines governing arrest as laid down by
the Hon'ble Supreme Court in Arnesh Kumar (supra) have also
been flouted by the Respondents in arresting the Petitioner, thereby
rendering the arrest completely illegal.
11.Mr. Agarwal would rely on the decision of the Hon'ble
Supreme Court in Arnesh Kumar (supra) to submit that failure to
comply with the directions issued in terms of Section 41A of the
CrPC shall, apart from rendering the police officers liable to
departmental action, also render them liable to be proceeded
against for contempt of action, to be instituted before the
concerned High Court having territorial jurisdiction.
12.Mr Agarwal would submit that the Petitioner was arrested
on 23
rd
August 2018 without being informed of the reasons of his
arrest, thereby violating directions in the case of Joginder Kumar
(supra). Further, the RTI reply dated 23
rd
January 2019 for CCTV
footage of MIDC Police Station was not provided by the
Respondents citing the reasons as data storage not available
thereby violating this Court’s order Leonard Xavier Valdaris
(supra).
Page 5 of 16
J-CP-529-2019 (C).DOC
13.The Petitioner relying on MCGM & Ors Vs. Muraji Patel &
Ors
5
seeks similar issuance/initiation of suo moto action by issuing
notice under Rule 9 read with Rule 8 of the said Rules against the
Respondents.
14.Mr. Agarwal would submit that the registration of FIR No. 93
of 2018 against the Petitioner in the names of unknown persons is
also contrary to the directions issued by the Hon'ble Supreme
Court in Lalita Kumari (supra). Accordingly, the arrest was illegal
inasmuch as no preliminary inquiry was conducted by the
Respondents before registering the FIR for the cognizable offence,
violating the directions in the said Judgment.
15.He would then urge that, despite the offence under Section
66C of the IT Act, being bailable, the Petitioner was illegally
arrested and was subjected to illegal detention for a period of
approximately 65 days, despite being completely innocent. He
would submit that the actions of the Respondents, resulting in the
illegal arrest and unlawful detention of the Petitioner, have
violated the mandate of the judgment of the Telangana High Court
5. (2018 SCC OnLine Bom 8871)
Page 6 of 16
J-CP-529-2019 (C).DOC
in Ramadugu Omkar Varma Vs. Sri Ashok Naik
6
, decided on 24
th
January 2020. This inasmuch as the Petitioner was arrested
without following the procedure prescribed under Section 41A of
the CrPC.
16.It is for all the aforesaid reasons Mr Agarwal would urge that
a case of wilful and deliberate disobedience and defiance of the
directions contained in the judgments of the Hon'ble Supreme
Court and the High Court (supra) is clearly made out against the
Respondents, rendering them liable to be proceeded against for
contempt.
17.Per contra, Mr. Yagnik, learned Additional Government
Pleader appearing for the Respondent-State, has refuted all the
allegations made by the Petitioner appearing in person. He has also
invited our attention to the Affidavit-in-Reply dated 3
rd
February
2023 filed on behalf of Respondent No. 3, namely Kedari Krishna
Pawar, which is on record in the present proceedings. Mr. Yagnik
would urge that all procedures mandated in law were duly
followed by the Respondents throughout the course of the
investigation and also before arresting the Petitioner.
6. 2020 SCC OnLine TS 76
Page 7 of 16
J-CP-529-2019 (C).DOC
18.Mr. Yagnik has more particularly referred to Section 41(1)(a)
of the CrPC, which pertains to the commission of a cognizable
offence, to contend that no notice preceding arrest is required in
such a situation. Mr. Yagnik submits that, pursuant to the
registration of the FIR, the offence under Section 70 of the IT Act
came to be incorporated with the permission of the learned
Additional Metropolitan Magistrate, which pertains to the
commission of a cognizable offence.
19.Mr. Yagnik would be at pains to point out that the conduct of
the Petitioner disentitles him from claiming any relief in the
present contempt proceedings. This is inasmuch as the Petitioner
had voluntarily executed the Consent Terms dated 19
th
June 2019,
whereby the parties voluntarily agreed to withdraw the litigations
and complaints against each other with a view to arriving at an
amicable settlement.
20.Mr. Yagnik has placed due reliance on the order dated 20
th
June 2019 passed by this Court in Criminal Writ Petition No. 5182
of 2018 to contend that the criminal case pending before the
learned Additional Metropolitan Magistrate arising out of FIR No.
93 of 2018 against the Petitioner came to be quashed by consent
Page 8 of 16
J-CP-529-2019 (C).DOC
by the said Order dated 20
th
June 2019. In view thereof, it is
submitted that the present proceedings are nothing but an abuse of
the process of law and deserve to be dismissed.
Analysis :
21.Heard learned counsel for the parties at length and with
their assistance we have perused the record.
22.At the outset, from the record coupled with the submissions
advanced, it is discernible that the Petitioner is aggrieved by the
alleged infraction of his rights arising from the police action,
which, according to the Petitioner, was not only unwarranted,
unjustified but also illegal. At this stage, it may be apposite to
observe that the
sine qua non for civil contempt is wilful
disobedience of any judgment, decree, direction, order, writ or
other process of a Court, as envisaged under the Contempt of
Courts Act, 1971 ('
the said Act' for short).
23.At this juncture, it is opposite to refer to the definition of
‘Civil Contempt’ as provided under Section 2(b) of the said Act,
which reads thus:-
Page 9 of 16
J-CP-529-2019 (C).DOC
“2. Definitions.—In this Act, unless the context otherwise
requires,—
(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;”
24.In the given factual complexion, we find that there is no
determination of the allegations/complaints/grievances of the
Petitioner against the alleged illegal actions of the Respondent
Authorities in any judicial proceedings. Though the Petitioner is
aggrieved by the alleged violation of his legal rights, as contended
by him, there is no finding, much less any determination or
conclusive adjudication, on this aspect in any order passed by the
Court.
25.We have carefully considered the submissions of Mr. Agarwal
that the directions contained in the decisions of the Hon'ble
Supreme Court in Joginder Kumar, Arnesh Kumar, Lalita Kumari
(supra) and other judgments have allegedly been violated by the
Respondents. However, upon careful perusal of the said decisions,
we find that the observations made therein are in the context of
the facts of those cases. Though the principles laid down therein
may have application, for the same to be attracted in the given
facts, there must be tangible material and evidence to substantiate
Page 10 of 16
J-CP-529-2019 (C).DOC
the correctness of such allegations in the facts of the given case.
Further, this needs to be translated into an Order passed by the
Court rendering findings or such infractions allegedly committed
by the Respondents.
26.We, prima facie, find that there is no such evidence, material
and/or order placed on record to support the case sought to be
made out by the Petitioner. The Petitioner has sought to project
serious allegations of gross violation of the mandate of law,
including non-compliance with the directions laid down by the
Hon'ble Supreme Court in Arnesh Kumar (supra) with regard to
the procedure preceding arrest. However, there is no order passed
considering, rendering a finding and/or adjudicating upon this
crucial aspect in the present proceedings. On the contrary, the
Petitioner had executed Consent Terms dated 19
th
June 2019. This
followed by an order of this Court dated 20
th
June 2019 whereby
the criminal proceedings, including FIR No. 93 of 2018 dated 11
th
September, 2018, came to be quashed by this Court, with the
consent of the parties, including the Petitioner. Be that as it may.
27.In such factual backdrop, we do not find any of the
ingredients of the ‘civil contempt’, under the said Act, being
Page 11 of 16
J-CP-529-2019 (C).DOC
attracted in this case. In our opinion, there is no wilful, deliberate
and/or intentional disobedience of the judgment/order passed by
this Court, by the Respondents, so as to justify taking action
against them under Section 14 of the said Act. In view thereof, the
question of invoking jurisdiction under Section 12 of the said Act,
which provides for punishment for contempt, in our considered
view, does not arise in the given factual complexion.
28.We now refer to the definition of criminal contempt as
postulated under Section 2(c) of the said Act, which reads thus:-
“2.
Definitions.—In this Act, unless the context otherwise
requires,—
(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;”
Considering the above and adverting to the facts and
circumstances in the given case, we do not find any act as
Page 12 of 16
J-CP-529-2019 (C).DOC
contemplated under such sub-clause (i) and/or (ii) of Section 2(c),
so as to constitute criminal contempt against the Respondents.
29.In the present proceedings, the Petitioner has alleged
interference with the administration of justice and deliberate
defiance of binding judicial precedents which according to the
Petitioner would fall within the the ambit of the expression
“Criminal Contempt” under the said Act.
30.In our considered view, though the Petitioner would contend
that contempt jurisdiction is independent of the fate of the FIR, we
have serious doubts as to whether the ingredients of criminal
contempt are satisfied, in any manner whatsoever. Accordingly, we
do not find this to be a fit case to initiate contempt proceedings
against the Respondents in the given factual complexion as sought
to be urged by the Petitioner in the absence of the requisites
thereof being met/satisfied. For such reasons, the prayer of the
Petitioner to initiate any
suo motu contempt action under Rule 9
read with Rule 8 of the said Rules does not appeal to our
conscience nor does it merit acceptance, in the given facts and
circumstances.
Page 13 of 16
J-CP-529-2019 (C).DOC
31.As observed by us above, no satisfaction has been recorded
by the Court so as to meet
'quint essential' requirements of Section
14 and/or Section 15 of the said Act. There is no indication in any
Order passed by this Court in any judicial proceeding with regard
to the alleged illegal actions of the Respondents/Authorities which
would lead to wilful disobedience of any specific direction or Order
of this Court, and/or any act which may lead to interference in the
administration of justice.
32.It appears that the case of the Petitioner is to seek
appropriate directions from this Court to directly apply the findings
in the Supreme Court decision of Joginder Kumar, Arnesh Kumar,
Lalita Kumari (supra) including the decision of this Court in
Leonard Xavier Valdaris. There is no quarrel with the proposition
that the directions contained in the Supreme Court Judgements
ought to be scrupulously followed. At the same time, there is no
prescription in law to apply such guidelines without a finding or
satisfaction recorded by the Court in regard to the correctness or
otherwise of the allegations made by the Petitioner including the
alleged illegality of the Respondents'/State action. In view thereof,
Court would ordinarily confine itself to the compliance of the
Page 14 of 16
J-CP-529-2019 (C).DOC
operative directions contained in a specific order rendered in a
given facts and circumstances. This is so as to arrive at a
conclusion whether there is a wilful/deliberate defiance of such
order so as to constitute ‘contempt’, under the said Act, in the
given facts and circumstances. This being the jurisprudence behind
contempt action as envisaged under the statute, the litmus test
prescribed in law, which the Petitioner in the given factual
complexion, has unable to meet/satisfy.
33.In recording our observations above, we have duly taken
note of the written submissions and the pleadings on record
including rejoinders filed by the Petitioner and sur-rejoinders of
Respondents thereto. For the sake of brevity and to avoid prolixity,
we have not not separately dealt with the allegations and
averments raised in each of the said pleadings. However, our
reasoning in the judgment has factored in all such averments and
allegations set out in, in the pleadings on record.
34.Before parting with the record, we may observe that civil
and criminal contempt are two distinctly different categories of
action contemplated under the aegis of the said Act. The attempt
of the Petitioner to use these interchangably and/or synonymously
Page 15 of 16
J-CP-529-2019 (C).DOC
is not in confirmity with the statutory scheme of the said
legislation. Therefore, this is an approach which we cannot
countenance. Moreover, mere allegations questioning the arrest of
the Petitioner by the Respondents would not make out a case of
civil and/or criminal contempt of Court, unless the yardstick to
initiate such action is established to the Court’s satisfaction. This
would constitute the essence of contempt action, which we find is
missing in the given factual matrix.
Conclusion :
35.For all the aforesaid reasons, no case of contempt of Court is
made out. We clarify that we have not delved into the merits of the
correctness of the actions and/or allegations made by the
Petitioner against the Respondents, which may be agitated in
appropriate proceedings, in accordance with law.
36.With the above observations, the Contempt Petition is
Disposed of.
(ADVAIT M. SETHNA, J.) (SUMAN SHYAM, J.)
{
Page 16 of 16
Legal Notes
Add a Note....