DWARKA PRASAD AGARWAL Vs. KRISHNA CHANDRA

JUDGEMENT

(1.) This is an application filed by Dwarka Prasad Agarwal for taking contempt proceedings for alleged contempts of Court said to have been committed by the opposite parties. In the application the alleged contempts are said to have been committed on three occasions. The first was an article published in a daily newspaper, known as 'Jagram', on 6-6-1952. The second act of contempt was committed on 8-6-1952 when opposite party No. 2 through Babu Lal, along with certain other persons, sent a resolution passed by the City Congress Committee to the District Magistrate and to the Superintendent of Police. The third contempt was said to have been committed on 9-6-1952 when the opposite parties Nos. 1 and 2 are said to have organized a public meeting at which speeches were delivered. The writing and the printing of the article as well as the passing of the resolution and sending it to the District Magistrate and the Superintendent of Police are not denied on behalf of the opposite parties, but the delivering of speeches at a public meeting on 9-6-1952 has not been admitted and the learned counsel for the applicant withdrew his complaint with respect to this third act. He has confined his case to the first two acts of alleged contempt.

(2.) An incident happened on 2-6-1952, at the shop of one Jagdish Prasad Sharma in Manik Chowk, Jhansi. Two reports of the incident were lodged in the police station, one by Sumer Singh servant of Jagdish Prasad and the other by Dwarka Prasad applicant. A reading of these two reports shows that there was a quarrel at the shop of Jagdish Prasad, and simple injuries were also caused but the versions of the two informants are naturally different. As a consequence of the reports Jagdish Prasad applicant was arrested by the police on 2-6-1952, but was released on bail the same day. On the 3rd of June one Satya Narayan alias Sathoo was arrested and was released on bail on 4-6-1952. On 6-6-1952 Ram Swarup presented himself in Court and was released on bail the same day. Satya Narayan and Ram Swarup are co-accused with Dwarka Prasad. On 11-6-1952, Dwarka Prasad filed a complaint concerning this incident before a Magistrate and the police sent a charge sheet against Dwarka Prasad, Satya Narayan and Ram Swarup on 4-7-1952 charging the three persons of having committed offences under Sections 323, 326 and 452, I. P. C.

(3.) Prom the narration of facts given above it would appear that the two alleged acts of contempt in publishing the article and sending a resolution concerning this incident were committed on 6th of June and 8th of June, 1952 respectively. They were thus committed after the incident and also after Dwarka Prasad and Satya Narain had been arrested and released on bail and also after Ram Swamp had been released on bail, but before either Dwarka Prasad filed the complaint or the police sent up the charge sheet prosecuting Dwarka Prasad and others. The first question, therefore, that arises in the case is whether contempt proceedings can be taken in respect of offensive articles or resolutions etc., before the institution of any proceeding actually in Court. The contentions of the learned counsel for the applicant on this point are two. He first contends that offensive statements would amount to contempt even if certain proceedings in Court are imminent though they have not actually started, and secondly that proceedings in criminal Court start at least from the date that the accused are brought before the Magistrate and are granted bail or remanded to custody. These are, therefore, the two questions that we have to consider as regards this preliminary point.