ABDUL REHMAN Vs. STATE

JUDGEMENT

(1.) The present petition is filed by the petitioner praying inter alia for setting aside the order dated 13.5.2009 passed by the learned ADJ in Civil Suit No.227/2008 entitled `Rajesh Duggal vs. UOI & Ors.' (Annexure P-3).

(2.) In the aforesaid order, the learned ADJ observed that the petitioner(defendant No.5 in the Court below) tried to obstruct the proceedings of the court, raised his voice, used intemperate language in court and that the court thus took cognizance against him under Section 345 Cr.P.C. Thereafter, an opportunity to show cause was granted to the petitioner as to why he not be punished under the aforesaid provision and the matter was adjourned for half an hour, to enable him to submit his reply.

(3.) The case was again taken up at 12.50 PM and it was observed that the petitioner/defendant No.5 did not appear despite the matter being called and instead, Shri Shad Anwar, Advocate appeared and stated that he was unaware of the non-appearance of the petitioner/defendant No.5. In the absence of any reply to the notice to show cause, the learned ADJ proceeded to punish the petitioner/defendant No.5 by imposing a fine of Rs.200/- upon him and in default of payment of fine, directed that he had to face simple imprisonment for a term of one month. He further directed that the fine would have to be paid in the course of the day. However, in the interest of justice, further period of one hour was granted to the petitioner/defendant No.5 to appear in the court at 2.00 PM, to face the punishment as awarded in the said order.