OM PRAKASH DWIVEDI Vs. STATE

JUDGEMENT

(1.) This is a bail application on behalf of Sri Om Pradash Dwivedi in Crime No. 1156 of 1993, under Sections 307/332 IPC and Section 7 Criminal Laws Amendment Act, P. S. Kotwali City, District Faizabad.

(2.) The applicant is a practising Advocate in the outlying court at Akbarpur, district Faizabad, and the victim/complainant was the presiding Officer of the court at Faizabad. According to the prosecution the applicant had filed a revision which was for consideration before the Presiding Officer. He approached the Presiding Officer in his chamber for hearing his revision and at the time he was accompanied with two other lawyers. He insisted that his revision should be admitted on that very day and orders passed. The Presiding Officer (Sri Ojha) summoned the file through his Reader and went through it. He told the applicant that lawyers were on strike on that date and it may not be possible to take up the matter. It is further alleged by the prosecution that the applicant then took out an iron rod from his bag and assaulted Sri Ojha saying that "AAJ MAIN TUMHE JAAN SE MAR DALUNGA, PHIR DEKHA JAYEGA". The accused applicant was then apprehended at the spot by some lawyers and court employees who were present in the chamber of Sri Ojha. Sri Ojha sustained head injury and was kept in the hospital for 23 days. A first information report was also lodged against the applicant on that very day.

(3.) I have heard the learned counsel for the applicant and the learned Additional Govt. Advocate.