STATE OF KARNATAKA Vs. SHIVADEVA

JUDGEMENT

(1.) The Judicial Magistrate First Class, Davangere, brought to the notice of this Court through the District and Sessions Judge, Chitradurga, the two letters written to him by Shivadeva accused dated 10-10-1975/18-11-1975 Ex. p-1 and 30-11-19715/2-12-1975 Ex. P-2 containing language which according to the learned Magistrate was highly contemptuous of this Court. These letters are alleged to have been written by the accused after the Magistrate aforesaid had dismissed his complaint under Sections 447, 500 and 323, I.P.C. against one Narappa and Rajashekarappa after obtaining the report of the Sub-Inspector of Police, Davangere Town Police Station to whom the complaint had been referred for enquiry and report under Section 156 (3), Criminal P. C.

(2.) This Court, on perusal of the aforesaid letters written by Shivadeva accused, issued notice to him to show cause. In pursuance of the show cause notice, he appeared in Court and when questioned as to whether the two letters in question had been written by him, his reply was in the affirmative. Since the material before the Court disclosed a prima facie case for taking action under the Contempt of Courts Act, so a charge was framed which was read over, explained and delivered to the accused. The accused who is fairly educated person M. Sc. (M. A.) pleaded that he had not done any wrong in writing the aforesaid letters.

(3.) The case was adjourned for evidence of the prosecution. On the adjourned date, Mr. Advocate General appearing for the Court, tendered in evidence the aforesaid letters and the envelopes in which the same had been posted to the Magistrate and closed the evidence.