Ajay Kumar Tripathi, CJ
1. Since the Division Bench while taking note of the dispute in its order dated 21-11-2017 did not restrain the Chief Judicial Magistrate, Raipur, from
proceeding further in the matter for fact finding and there was an order of restraint that no immediate action will be taken after the finding is rendered
by the CJM, Raipur for a period of two weeks pending hearing of the matter, enough safeguard was provided to the appellant.
2. However, since finding of fact is an integral tool whether the contempt proceeding would proceed any further or is required to be dropped. Court is
informed that the report of the CJM, Raipur, has been received on or about 21-11-2017, but nothing further has been done keeping in mind the order of
the Division Bench. We are of the opinion that any further action or follow up in relation to the direction issued by the learned Single Judge dated 26-
7-2017, which is subject matter in appeal, would be required to be taken depending upon the findings of the CJM.
3. Accordingly, this Misc. Appeal is disposed off with an observation that the learned Single Judge will now open the report of the CJM, Raipur and
depending on the outcome of the said report, a copy of which will be given to the counsel for the appellant and after an opportunity of hearing,
appropriate decision may be taken.
