PRADEEP AGGARWAL Vs. DHARMESH SHARMA

JUDGEMENT

(1.) THE present contempt petition has been filed by the petitioner under Section 16 of the Contempt of Courts Act, 1971 against the respondent, who is a judicial officer in the Delhi Higher Judicial Service, on account of his having passed an order on 26.02.2010 of sending the petitioner to jail, allegedly, by flouting the order dated 11th December, 2009 passed by this Court whereby the petitioner was granted anticipatory bail in a case of murder in which he was one of the accused.

(2.) FACTS and circumstances in the background of which this contempt petition came to be filed may briefly be noticed at the outset. A criminal case under Section 307/34 of Indian Penal Code was registered at Timarpur police station vide FIR no. 421/04 on 26th September, 2004 and a charge-sheet was filed against one person initially and the petitioner herein and one more person were kept in column no. 2 of the charge-sheet. With the death of the injured, who had sustained injuries in the incident which took place on 26th September, 2004, the case was converted into that of murder sometime in the year 2008. Then in November, 2009 a supplementary charge-sheet was filed by the police in Court against the petitioner and the other person who had earlier been kept in column no. 2 of the earlier charge-sheet.

(3.) THEN on 26th February, 2010 the following proceedings were recorded in the case in the pre-lunch session by the respondent herein: