SHANKAR SWAROOP Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned AGA and perused the record.

(2.) This is a writ petition under Article 226 of the Constitution of India for quashing the order dated 15.07.2010 passed by the learned Additional Sessions Judge, Court No. 2, Aligarh in Criminal Revision No. 222 of 2009 (Shankar Swaroop v. State of U.P.) as well as the order dated 13.05.2009 passed learned Judge, Small Causes Court, Aligarh in Criminal Misc. Case No. 9 of 2005 (State v. Shankar Swaroop).

(3.) It appears that in Original Suit No. 595 of 1992 pending in the court of the Judge, Small Causes Court, Aligarh the then Presiding Officer Mr. Sushil Kumar was involved in discharging judicial functions on 28.10.2003. The petitioner told the said Presiding Officer that "Aap dictator hain tatha sach aur jhooth ka kaala parda daalne waale judge hain. Isliye mai jireh nahi karunga". The Presiding Officer considered the statement as derogatory and contemptuous, therefore, he held that the offence under section 228 IPC was committed within the view of the court and accordingly served a show cause notice to the revisionist under section 345 of the Code of Criminal Procedure (in short "the Code") against which the revisionist furnished his reply. The Presiding Officer found that the revisionist admitted his guilt but did not tender any pardon. The learned Presiding Officer further found that the offence was serious in nature, therefore, the punishment provided in section 345 of the Code was not adequate, thus he decided to refer the matter to the learned Chief Judicial Magistrate, Aligarh under section 346 of the Code vide his order dated 13.05.2009. The petitioner filed Criminal Revision No. 222 of 2009 (Shankar Swaroop v State of U.P.) in the court of the Sessions Judge, Aligarh which was dismissed by the learned Additional Sessions Judge, Court No. 2, Aligarh vide the order dated 15.07.2010.