NAND SINGH Vs. SARDAR SINGH AND STATE

JUDGEMENT

(1.) THIS is an application by Nand Singh for punish me the opposite party No. 1, Sardar Singh, Public Prosecutor of Etawah, for con tempt of the court of Sri. B.L. Sachdeva, Magistrate, and of the court of the Addl. District Magistrate (Judicial), Etawah.

(2.) THE material facts of the case are not in dispute though the opposite party has given his explanation for his conduct, at the same time denying 'that he had acted with a dishonest intention.

(3.) THE then Public Prosecutor received the Final Report on May 3, 1962, and on May 25, 1962, directed the Assistant Public Prosecutor, N.K. Jain, to obtain the orders of the Magistrate concerned. The Assistant Public Prosecutor,, however, submitted the Final Report to the Magistrate, Sri B.P. Srivastava, Judicial Officer Aquaria, on September 15, 1962. The opposite party, Sardar Singh, had taken over charge as Public Prosecutor, Etawah, on June 26, 1962.