GOVIND PRASAD Vs. RAM NARAIN PATEL

JUDGEMENT

(1.) Dr. Govind Prasad the applicant has appeared in person and has argued these two contempt petitions. Learned Standing Counsel has been heard.

(2.) Contempt Petition No. 3801 of 2011 Dr. Govind Prasad v. Asstt. S.D.M., Ram Narain Patel alleges contempt against the opposite party Sri Ram Narain Patel, Assistant S.D.M. Fatehpur for the reason that the opposite party has passed an order dated 20.7.2011 recalling an earlier order in the case pending before him on payment of Rs. 100/- as costs. It has been stated that the opposite party should have proceeded with the case exparte and pronounced his judgment since there is no provision for correction of an order and there is no provision in the Code of Criminal Procedure for cost based adjournments. It is also stated that the opposite party should have seen whether he had any jurisdiction to do so under the Code of Criminal Procedure.

(3.) In a supplementary affidavit the order sheet of the case has been filed as annexure.