BAL KISHAN GIRI Vs. STATE OF U.P.

JUDGEMENT

(1.) In this appeal, impugned judgment and order dated 5.2.2010 passed by the High Court of Judicature at Allahabad in Contempt Application (Crl.) No. 15 of 2009, by which the appellant stood convicted for committing criminal contempt under the provisions of Contempt of Courts Act, 1971 (hereinafter referred to as the 'Act') and sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.20,000/- and in default to undergo simple imprisonment for two weeks, has been assailed.

(2.) Facts and circumstances giving rise to this appeal are that:

(3.) Mr. J.M. Sharma, learned senior counsel appearing for the appellant has submitted that the show cause notice was not in consonance with the provisions of Chapter XXXV-E, Rule 6 of the Allahabad High Court Rules, 1952 (hereinafter referred to as the Rules). Thus, all subsequent proceedings stood vitiated. More so, the appellant is a practicing advocate and had written the said complaint under a mental tension as his nephew had been murdered, and on being misguided by the advocates of the Meerut Court. Once the appellant has tendered an absolute and unconditional apology, punishment was not warranted and fine imposed therein is contrary to the statutory provisions of the Act. Thus, the appeal deserves to be allowed.