K RAMAKRISHNAN Vs. M M RAJENDRAN

JUDGEMENT

(1.) This petition is under Sections 2(c) and 12 of the Contempt of Courts Act, 1971, herein after referred to as 'the Act' and to punish the respondent for committing alleged offence of Con tempt of Court.

(2.) The petitioner herein K. Ramakrishnan filed a complaint against respondent herein M. M. Rajen dran for the alleged offence under Section 200 of Indian Penal Code before the Court of Judicial Magistrate, Aruppukottai in C. C. No. 92 of 1994. The respondent, M. M. Rajendran was Chief Secre tary to Government of Tamil Nadu, during the period February, 198 8/01/1991. He was also Chair man of SPIC from 20-4-1990 to 19-1-1991. He also served as Chairman of Tamil Nadu Electricity Board and Chairman of Tamil Nadu Planning Commission. At the time of retirement on 20-5-1993, he was Secretary to Government of India, Ministry of Parliamentary Affairs. The learned Magistrate took cognizance of the complaint and issued process to the accused/respondent. The respondent filed petition under Section 482 of Criminal Procedure Code to quash proceedings in C. C. No. 92 of 1994 in Crl. O. P. No. 3075 of 1994 before this Court and same was admitted on 28-4-1994 and in Crl. M. P. No. 2785 of 1994 stayed all further proceedings for a period of eight weeks on 28-4-1994 and dismissed Crl. M. P. No. 2786 of 1994 and declined to dispense with personal appearance. It is stated that as respondent was ill, that necessary petitions were filed before the learned Magistrate under Section 317 of Criminal Procedure Code to condone the absence of the respondent and also a petition under Section 205 of Criminal Procedure Code to dispense with personal appearance. The learned Magistrate allowed the petition under Section 317 of Criminal Procedure Code, but however dismissed the petition under Section 205 of Criminal Procedure Code and directed respondent to appear before Court on 3-6-1994.

(3.) The applicant, K. Ramakrishnan, has taken up the contempt proceedings. In the affidavit filed in support of the Contempt application, the applicant has stated that the respondent, viz., M. M. Rajendran, suppressed and has not disclosed certain relevant facts before this Court in his petition in Crl. M. P. No. 3306 of 1994 filed on 23-5-1994 for dispensing with his personal attendance on all further hearings dates in C. C. No. 92 of 1994, on the file of Judicial Magis trate, Aruppukottai, pending disposal of quashing petition in Crl. O. P. No. 3075 of 1994. In the affidavit filed in support of the Contempt application, it is stated as follows :-