IN RE SANT PRASAD MISRA Vs. STATE

JUDGEMENT

(1.) PRESENT petition has its genesis in the reference made by Sri Praveen Kumar Tyagi, Judicial Magistrate Court No. 1 Kanpur Dehat dated 4.9.2008 with accompanying request to initiate contempt proceeding against Sant Prasad Misra, a practising advocate of Kanpur Dehat Judgeship. The aforesaid reference has been duly forwarded by the District Judge Kanpur Dehat vide letter dated 4.9.2008.

(2.) THE incident relates back to 29.8.2008 and it is stated in the reference made by the officer that on that day, an application for release of vehicle bearing registration No. UP 77 N 2083 detained in case crime No. 249 of 2008 under sections 279, 337 and 338 IPC at P.S. Gajner had been presented at about 2.30 pm. In the said case, the contemnor was appearing on behalf of the owner of the vehicle while from the other side Sri D.K. Shukla Asstt Prosecuting Officer had appeared. It is further stated that since registration papers relating to the offending vehicle were wanting, the matter was ordered to be put up on 2.9.2008 and in the meanwhile the police of police station Gajner, was asked to submit report in the matter. At about

(3.) THEREAFTER , the matter was put up before Hon C.J. who accorded approval for putting up the matter before appropriate Bench.