STATE Vs. PRAKASH SINGH

JUDGEMENT

(1.) The question involved here is, Whether an information sent to the High Court by the subordinate court is a reference under the Contempt of Courts Act, 1971 (the Act).

(2.) Sri Parkash Singh is an advocate practising in the District Courts, Fatehpur. He and his daughter Ms. Shivali have written a book titled 'Nyaya Palika Mein Apradhikaran' (the Book). It is being distributed and sold. An incident involving Sri Prakash Singh, took place in the Court of Chief Judicial Magistrate, Fatehpur (the CJM) on 27.10.2006. The CJM has sent an information on 3.11.2006 to the High Court regarding the Book and the incident, for initiating proceedings against them under the Act. It is registered as criminal contempt no. 30 of 2006. Notices on the same, were issued on 7.12.2006.

(3.) Sri Prakash Singh sent a legal notice dated 28.10.2006 to the CJM regarding the incident on 27.10.2009, requiring the CJM to apologise. He also filed a complaint No. 40429 of 2006 (the Complaint) under sections 500, 503, 506 Indian Panel Code (the IPC) against the CJM on 14.11.2006. On this date, another incident took place in the court. The CJM has sent another information on 23.11.2008 to the High Court, regarding this incident, for initiating proceeding under the Act against Sri Prakash Singh, Sri Prachitya Paurav, and Sri Gyanendra Singh. It is registered as criminal contempt no. 1 of 2007. Notices on the same, were issued on 19.2.2007.