STATE OF GUJARAT Vs. LAKHIRAM SHIVRAM

JUDGEMENT

(1.) In all appeal memo filed by opponent No. 1 Lakhiram Shivram in the Court of City Sessions Judge at Ahmedabad (Criminal Appeal No. 173/81) imputations were made against the Chief Metropolitan Magistrate who had decided the case (Summary Case No. 313/81 decided on 27/08/1981 giving rise to the appeal) in the course of which he had convicted the said lakhiram Shivram of an offence under sec. 29 of the Industrial Disputes Act 1947 and sentenced him to undergo rigorous imprisonment for three months and imposed a fine of Rs. 2000 in default of which to undergo rigorous imprisonment for fifteen days more. The imputations were such which would amount to criminal contempt as defined by sec. 2(c)(i) reading as under:

(2.) So far as opponent No 2 is concerned we have taken into account the affidavit placed on record by him and we do not think that in the circumstances of the case any action is called for against opponent No. 2 who is a junior Advocate and who does not seem to have taken any active part in drawing up the appeal memo. We have no doubt that he will be very careful in future and will not even allow himself to be indirectly associated with a litigant who makes such allegations.

(3.) Before parting we may say that the learned Additional City Sessions Judge at Ahmedabad who heard Criminal Appeal No. 178/81 preferred by opponent No. 1 has dealt with imputations against the learned Chief Metropolitan Magistrate in paragraph 7 of his judgment. Says the learned Judge :