JOGINDER SINGH Vs. PRITHVI RAJ

JUDGEMENT

(1.) Lt. Col. Joginder Singh (Retd.) petitioner has invoked the jurisdiction of this court with respect to Article 215 of the Constitution of India and Section 15 of the Contempt of Courts Act, 1971. He seeks proceedings for criminal contempt of court to be initiated against the respondents.

(2.) Respondent no.3, Gurcharan Singh Chopra, is the deceased) is the main person against whom the assertions to be referred to herein have been made while respondent no.2 is the wife of respondent no.1.

(3.) The sum and substance of the assertions made by the petitioner as cajoled from the petition are that respondent no.3 has sold the property illegally to respondent no.1 and the decree so passed even is not valid. As against respondents 1 and 2 it had been pleaded that respondent no.1 has given his wrong name at one place he mentions his name as Prithvi Raj and other documents he described as Prithvi Raj Choudhry He also contends that mutation that has been effected in favour of respondent no.1 with respect to the property (portion 2/11 East Patel Nagar, New Delhi) is illegal because respondent no.1 has used his official position. Plea has also been raised that respondent no.1 as an officer of the Income Tax Department has committed certain illegal acts, the vigilance commission has not absolved him from the provisions of the Prevention of Corruption Act and has committed criminal misconduct. A supplementary lease deed is supposed to have been executed in pursuance of the mutation which is alleged to be illegal. Allegations have been made that he defrauded this court when order of 1/03/1985 was passed and has manipulated the will. On all these counts it is claimed that respondent no.1 should be dealt with strictly for committing contempt of court.