SAMMBHU NATH JHA Vs. KEDAR PRASAD SINHA

JUDGEMENT

(1.) This is an appeal by special leave by Sammbhu Nath Jha who along with two others has been found by the Patna High Court to be guilty of contempt of court. In view of the fact that the contempt, in the opinion of the High Court, was of a technical nature. The contemners were let off with a warning.

(2.) On January 2, 1966 a report was lodged with the police by Lachho Paswan that when he and his brother Dwarka Paswan were going to Jamui market, Kedar Prasad respondent abused them. Kedar Prasad also exhorted other to assault Dwarka Paswan. An assault was then made upon Dwarka Paswan and he was surrounded. Arjun Pandey thrust Saif in the chest of Dwarka Paswan, as a result of which he died on the spot. The motive for the assault was stated to be that Laccho Paswan and Dwarka Paswan had voted against Kedar Prasad in election to the office of Mukhia. The police on the basis of that report investigated the case and submitted a charge sheet for offence under sections 148 and 302 read with section 149 I.P.C. against a number of persons. No charge sheet was submitted against Kedar Prasad and Arjun Pandey. During the course of commitment proceedings, the committing magistrate ordered that Kedar Prasad and Arjun Pandey be summoned for May 15, 1966 as accused.

(3.) Kedar Prasad and Arjun Pandey filed revision petitions against the order of the committing magistrate, but the same was dismissed by the Additional Sessions Judge, Monghyr as per order dated May 5, 1967. It was held that Kedar Prasad and Arjun Pandey had been rightly summoned.