STATE OF U P Vs. LAKSHMI NARAIN SINGHAL

JUDGEMENT

(1.) Sri. M. C. Gupta, City Magistrate of Moradabad, asks for action to be taken against the respondent Laxmi Narain Singhal for contempt of court in respect of a notice under Section 80 C. P. C. Which he served on the Magistrate on 8-3-1960, while a case under Section 107 Cr. P. C. was pending against him in the Magistrate's court.

(2.) The basic facts of the case are as follows. On 9-2-1960 the Magistrate passed orders against Laxmi Narain Singhal under Section 117 (3) Cr. P. C. requiring him to furnish an interim personal bond for Rs. 1,000/- with two sureties of Rs. 1,000/-each for keeping the peace until the conclusion of the . inquiry and directing that he be detained in custody until such bonds were executed. Two sureties were produced that very day, but the learned Magistrate was not satisfied that they were either reliable or solvent and after making certain inquiries, postponed the matter to the following day (10-2-1960) for arguments. On that day, however, fresh sureties were furnished, which were accepted, and Laxmi Narain Singhal was thereupon released.

(3.) The notice under Section 80 C. P. C., signed by the respondent On 7-3-1960, and served on the Magistrate on 8-3-1960, has been appended as Annexure C to this complaint. It accuses the Magistrate of bad faith, insinuating that he was personally interested in one of the parties to the dispute out of which the proceedings under Section 107 Cr. P. C. arose, and asserts that his refusal to release Laxmi Narain Singhal after the sureties had executed their bonds was illegal and mala fide. The notice calls upon the Magistrate to pay Rs. 200/- to Laxmi Narain Singhal as damages for wrongful confinement, failing which he is threatened with a suit for recovery of this amount.