PRESEDENT OF INDIA Vs. AJAY KUMAR PANDEY

JUDGEMENT

(1.) The contemner is a practising Advocate. He filed Complaint Case No. 451 of 1994 in the Court of VI Additional Chief Judicial Magistrate, Lucknow against Shri Mahesh Giri, Advocate and Ms. Saroj Bala, VII Additional District Judge, Lucknow for offences under Secs. 499/500 I.P.C. Mr. Mahesh Giri, at the relevant time, was the Government Counsel deputed to work for the prosecution in criminal cases in the Court of VII Additional District Judge, Lucknow. It was alleged in the complaint (read with notice which preceded it as also contemner's statement recorded under Sec. 200 Cr.P.C.) that the accused, namely, Mahesh Giri Advocate and Ms. Saroj Bala, VII Additional District Judge, Lucknow had imputed sexual relations between the contemner and Ms. Saroj Bala which had defamed the contemner and, therefore, he prayed that the accused be tried for the said offences. The statement of the contemner was recorded under Sec. 200 Cr. P. C. on 21-9-1994 but it remained inconclusive. The statement was finally recorded on 26-10-1994 and, thereafter, the case was adjourned for enquiry under Sec. 202 Cr.P.C. It was stated that the petitioner moved an application that the witnesses whom the contemner wanted to examine under Sec. 202 Cr.P.C. may be summoned by the Court as almost all of them were practising Advocates and influential persons but the complaint itself was dismissed by the Magistrate on 16-11-1994. The petitioner, thereafter, filed a criminal revision against the aforesaid order in the High Court but it was dismissed on 15-2-1995. Hon'ble Virendra Saran, J. of the Allahabad High Court who disposed of the revision observed, inter alia, as under :

(2.) The contemner, thereafter, filed S.L.P.s (Crl.) Nos. 819-20 of 1996 against the aforesaid judgment and order dated 15-2-1995 of Hon'ble Virendra Saran, J. in this Court in which he impleaded only State of U. P. as a pro forma respondent.

(3.) A similar complaint under Secs. 500 and 504 I.P.C. was also filed by the contemner against (1) Shri Prakash Narayan Awasthi, Advocate, (2) Shri R. P. Mishra, Advocate, (3) Shri Vishambhar Singh, Advocate, (4) Shri T. N. Mishra, Advocate, (5) Shri Shrikant Verma, Advocate, (6) Shri Pankaj Sinha, Advocate, and (7) Shri N. C. Pradhan, Advocate in which again it was alleged that similar imputations were made by the aforesaid Advocates between contemner and Ms. Saroj Bala. This was registered as Complaint Case No. 101 of 1995 in which petitioner's statement was recorded under Sec. 200 Cr.P.C. In order to produce witnesses under Sec. 202 Cr.P.C. the contemner gave a list of 31 Advocates, practising at Lucknow, for being summoned by the Court as witnesses but the application was rejected. It was against this Order that the petitioner filed S.L.P. (Crl.) No. 4114 of 1995 directly in this Court. The contemner also, in the meantime, filed Contempt Petition (Crl.) Diary. No. 16199 of 1995 against Hon'ble Mr. Justice Virendra Saran of the Allahabad High Court, Contempt Petition (Crl.) Diary. No. 17021 of 1995 against Ms. Saroj Bala, VII Additional District Judge, Lucknow, Shri Udai Raj V A.C.J.M., Lucknow, Shri R. P. Misra, VI Additional C.J.M., Lucknow and Contempt Petition (Crl.) Diary. No. 17022 of 1995 against Shri J. C. Mishra, District Judge, Lucknow (now Judge of the Allahabad High Court), Shri K. N. Ojha, II Additional District Judge, Lucknow, Shri Shailendra Saxena, III Additional District Judge, Lucknow and B. N. Pandey, Special Judge, Lucknow. All the above matters were listed in Court No. 9 before Hon'ble Dr. Justice A. S. Anand and Hon'ble Mr. Justice M. K. Mukherjee on 15-12-1995 when the following Order was passed :