(i) Reference under Section 15 (2) of the Act may be made by a subordinate court either suo motu or on application received by it.
(ii) Before making a reference the subordinate court shall hold a preliminary enquiry by issuing a show cause notice accompanied by copies of the relevant documents, if any, to the contemner and after hearing him the subordinate court shall write a concise reasoned order of reference indicating why contempt appears to have been committed.
--i,
(4)
16.The Patna High Court Rules which are not inconsistent with the provisio~s - of these Rules mutatis mutandis shall apply to the proceedings in the High Court.
17.Where a person charged with contempt is adjudged guilty and is sentenced to suffer imprisonment, a warrant of commitment and detention shall be made out in Form IU under the signature of the Registrar. Every such warrant shall remain in force uritil it is cancelled by order of the Court or until it is executed. The Superintendent of the Jail shall in pursuance of the order receive the person so.
adjudged anddetain him in custody for the period specfied therein, or untilfurther orders.
1a. Appeal.- The appeal presented to the Court against the decision of a Single Judge under Section 19(1)(a) ot the Act shall be filed in accordance with the Patna High Court Rules meant for Letters Patent Appeals and such appeal shall be placed before a Division Bench for admission and hearing. After admissionof the appeal, the provisions regarding issuance of notice, and preparation of paper book shall be governed by the Patna High Court Rules meant for Letters Patent Appeals.
19. The provisions of the Code of Criminal Procedure, 1973, which are not inconsistent with the provisions of the Act and these Rules, shall be applicable to.
enforce and execute the orders passed by the High Court in proceedings for contempt.
FORM-I Notice to a person charged with contempt of Court (See Rule 7) In the High Court of Judicature at Patna.
Whereas your attendance is necessary to answer a charge of Contempt of Court by (here briefly state nature of the contempt).
You are hereby required to appear in person (or by Advocate if the Court has so.
ordered) before this Court at Patna on the day of 20.
* You shall attend the court in person on the day of 20 , and shall continue to attend the court on all days thereafter to which the case against you stands adjourned and until final orders are passed on the charge against you.
Herein fail not.
Dated this day of 20 .
(SEAL) Registrar.
FORM II Warrantof Arrest (See Rule 11) In the High Court of Judicature at Patna.
To (Name and designation of the person or persons who is or are to execute the warrant.)
* To be omitted where the person charged is allowed or ordered to appear by advocate.
· ' U5) Whereas of is charged with committing contempt of this Court, you are herebydirected to arrest the said and to produce him before this Court.
Herein fail not (If the Court has issueda bailablewarrant, the following endorsement shall bemade on the warrant.)
If the said shall give bail in the sum of Rs with one surety in the sum of Rs (or two sureties each in the sum of Rs ) to attend before this Court on the day of 20, and to continue so to attend until otherwisedirected by this Court, hemaybe released.
Dated this day of 20 (SEAL) Registrar.
FORM III Warrant of commitment for contempt.
(See-Rule17) In the High Court of Judicature at Patna.
To the Superintendent of the Jail at... .
Whereas at the Court holden on this day (name and description of the contemner)has been adjudgedby theCourt guilty of willful contempt of Court, and he has been sentenced to suffer imprisonmentfor the period.....(here specify the term)/ and/or to pay a fine of rupee .
This is to authorise and require you, the Superinte'ndentof the said Jail, to receive the said (name of the contemner) into your custody, together with this warrant, and him safely to keep in the said Jail for the said period of (term of imprisonment)or for such shorter periodas mayhereafter be fixed by order of this Courtand intimatedto you.Youaredirectedto returnthiswarrantwithanendorsement certifying the manner of its execution.
Youare further directed that while the said.........is in your custody, produce the said before this court at all times when the court shall so direct.
Given under my hand and the seal of the court.. this; dayot, 20.
(SEAL) Registrar