(1.) The petitioner, facing the failure of her family life, feeling cheated and disgusted by her husband who solemnized the alleged second marriage, lodged the criminal complaint against her husband Sri Adya Shanker Tripathi and his alleged second wife Smt. Asha Tripathi, who had left this country for residing in United States of America. At the very initial stage in 1989-90, the Trial Court granted exemption of personal appearance allowing their applications under Section 205 of the Code of Criminal Procedure (hereinafter called the Cr. P. C.). They had been represented throughout by their counsel. In 1997, the Court issued warrants of arrest against the said accused persons for securing their appearance. The said order was challenged by the said accused before this Court as well as before the Hon'ble Apex Court but they could not succeed in getting any relief. This petition for initiating the criminal contempt proceedings against six officers of the Registry including the Registrar General of this High Court has been filed on the ground that they had been in connivance with the said accused and intentionally got the process delayed by not sending the warrants of arrest in accordance with law.
(2.) The grievance of the petitioner had been that attempt had been made since 1997 by the trial Court to secure the presence of the said accused and for that purpose, warrants of arrest have been issued several times. As per Rule 16 of the General Rules (Criminal) warrants of arrest have to be sent through the Ministry of Foreign Affairs and the High Court. As the High Court failed to forward the said warrants of arrest, it had committed criminal contempt as defined under Section 2(c) of the Contempt of Courts Act, 1971, hereinafter called 'the Act 1971 as it is tantamount to obstruction with the administration of justice of the Trial Court.
(3.) At the time of argument on 16-7-2004, Ms. Seema Mishra, learned counsel for the petitioner had made a reference to the large number of representations and applications filed by the petitioner, wherein the allegations of taking bribe by the officers of this Registry had been levelled and she had vehemently submitted that the warrants could not be forwarded for extraneous consideration as the officers of this Court are taking bribe that's too in Dollars.
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