STATE Vs. BALDEV RAJ

JUDGEMENT

(1.) In Writ Petition No. 484 of 1982 Baldeo Raj was petitioner. He made certain scandalous allegations against Shri S. D. N. Singh, the then District Judge, Allahabad. This writ petition was decided by Hon'ble Mr. Justice J. M. L. Sinha (now retired). In his order dated 8-2-1982 he inter alia mentioned that there were serious allegations constituting criminal contempt. Hence he proposed that record be placed before appropriate Division Bench for examination whether notice should or should not be issued.

(2.) Division Bench of Hon'ble Mr. Justice P. N. Karkauli (retired) and Hon'ble Mr. Justice Wahajuddin (retired) went through the record and the order passed by Hon'ble Mr. Justice J. M. L. Sinha (retired) and by order dated 6/03/1982 arrived at the opinion that it was a fit case for taking cognizance of the alleged contempt case. Then notice was issued to Baldeo Raj. It was served personally on him as required under Section 17(1) of the Contempt of Courts Act, 1971. Charge was framed and was also served upon him. It does not appear from the record that he filed affidavit in support of his defence as laid down in S. 17(5) of the Contempt of Courts Act, 1971. On the other hand, he moved repeated applications for withdrawal of notice. On 20/05/1983 the aforementioned Division Bench convicted Baldeo Raj of the offence of criminal Contempt of Court and sentenced him to two months simple imprisonment and a fine of Rs. 1000.00. In default of payment of fine he was to further undergo one month simple imprisonment. He was taken into custody. He moved bail application which was allowed.

(3.) The very next day Baldeo Raj moved the application under disposal. He prayed for recalling of the judgment and order dated 20/05/1983.