S P GOPAL Vs. MUKUND TRIPATHI

JUDGEMENT

(1.) The present contempt proceeding emanates from Reference made by Sri S.P.Goyal, Addl. District Judge Etawah dated 21.8.2009 which was duly forwarded by Dsitrict Judge Etawah for initiating contempt proceeding against the contemnors namely, Mukund Tripathi, Satendra Babu Tripathi, and Prabhkar Tripathi.

(2.) The episodal facts are that on 20.7.2009 while the judicial proceedings were going on in Case no. 495 of 2006, Smt. Beena Mishra v. Sanjay Kumar Jain and others in which at the relevant time, statement of P.W. 2 Jishan Khan was being recorded, contemnor Satendra Babu Tripathi Advocate appearing for I.C.I.C.I General Insurance Company demurred to Mukund Tripathi Advocate on his posing leading questions to the witness upon which contemnor Mukund Tripathi in high pitched voice spoke to Satendra Babu Tripathi that he could pose any question to the witness. This angered Satendra Babu Tripathi, Advocate and he asked him to desist from raising the pitch of his voice upon which contemnor Mukund Tripathi put off his coat and remarked to the effect that He is not a mentally stable person; that he has boisterous and evinced his intemperate behaviour earlier also and that he was not afraid of anyone. This raised the hackles of Sri Satendra babu Tripathi. At that time, son of Sri Satendra Babu Tripathi was also standing there who intervened and called upon Mukund Tripathi not to show temper and caught hold of his hand and tried to take him out of court upon which Mukund Tripathi yelled. In the meantime, Satendra Babu Tripathi Advocate asked the court to retire but the court instead, warned the horn-locked parties to stop fighting and also called upon Prabhakar Tripathi to stop from fighting but they continued to exchange hot words in the court as a result of which the judicial proceeding of the court were interrupted and the statement of the witness could not be recorded. It is further stated that both the warring parties gave their respective applications to the court making allegations and counter allegations.

(3.) On the note scripted by the office dated 25.8.200 the Administrative Judge Etawah passed the following order.