RIZWAN-UL-HASAN AND ANOTHER versus THE STATE OF UTTAR PRADESH

Transmission of applications by supervisory magistrates for report does not constitute contempt of court unless it causes real prejudice amounting to substantial interference with the due course of justice; absent such prejudice, contempt jurisdiction should not be invoked.

Parties: Appellant: Rizwan-ul-Hasan; Appellant: Mohammad Munawar; Respondent: The State of Uttar Pradesh
Jurisdiction: India
Judgment Date: 05 February 1953
Procedural Posture: Criminal Appeal / Appeal by Special Leave From High Court Judgment
Outcome: Appeal allowed; appellants acquitted of contempt charge.
Legal Topics: Contempt Proceedings, Supervisory Powers of Magistrates, Section 145 Criminal Procedure Code, Section 528 Criminal Procedure Code, Section 3 Contempt of Courts Act

Contempt of Court Criminal Law Contempt Proceedings Supervisory Powers of Magistrates Section 145 Criminal Procedure Code Section 528 Criminal Procedure Code Section 3 Contempt of Courts Act

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Full judgment text Legal principles 2 Authorities cited 4 Party arguments 2

Parties

Rizwan-ul-Hasan

Appellant

Mohammad Munawar

Appellant

The State of Uttar Pradesh

Respondent

Procedural Posture

Criminal Appeal / Appeal by Special Leave From High Court Judgment

Legal Issues

1 Whether the forwarding of applications containing allegations against a Magistrate amounts to contempt of court
2 Whether prejudice had been caused by such actions in the proceedings

Ratio Decidendi

Court Disposition

Appeal allowed; appellants acquitted of contempt charge.

Orders

Judgment of the High Court against the appellants set aside.
Appellants acquitted of the charge under section 3 of the Contempt of Courts Act.