HIGH COURT OF KARNATAKA Vs. P N SHETTY

JUDGEMENT

(1.) The applicant who was the accused in C.C.C. (Crl.) No. 13/1994 has made this application, praying for recalling the order of this Court dated 19th January, 1996 by accepting his unconditional apology, submitted along with this application and to drop the matter.

(2.) By the order dated 19th January, 1996, this Court held the applicant guilty of criminal contempt of Court. The apology tendered by the applicant at that time was rejected and he was convicted and sentenced to imprisonment for three months and to pay a fine of Rs. 1,000/- and in default of payment of fine, to undergo simple imprisonment for a further period of one month.

(3.) Now, the applicant has filed an affidavit dated 14-2-1996 stating that he ought not to have, and should not have made the statements he made in I.A.II filed in Writ Appeal No. 2928/91. He further stated that he realized that he had no right to make such statements in whichever circumstances he was placed and that he has realised that there was a mistake on his part not to seek the advice of a legal counsel before filing the said I.A. He states that the remarks he made were indiscreet and he did not intend to cast aspersion against any of the Hon'ble Judges of this Court or scandalize the judiciary in any way and that he was under the wrong impression that he could attract the attention of the judiciary to his suffering at the hands of his employer. He expressed his sincerity and he unconditionally withdrew all the statements made by him and tendered unconditional apology.