NAKSHATER PAL SINGH Vs. STATE

JUDGEMENT

(1.) Heard Sri V.C. Mishra, Senior Advocate assisted by Sri Vivek Mishra, learned counsel for the contemners Nakshetra Pal Singh, Advocate and Vijay Pal Singh, Advocate and the learned Government Advocate.

(2.) In the present case criminal contempt proceedings have been initiated on the basis of reference made by Sri Virendra Kumar, Additional District and Sessions Judge, Fast Track Court No. 2 Saharanpur (hereinafter referred to as Presiding Officer) against the contemners Nakshetra Pal Singh, Advocate and Vijay Pal Singh, Advocate practising at Civil Court, Saharanpur under Section 15(2) of the Contempt of Courts Act 1971, mentioning therein that on 10.2.2005, the examination- in-chief of P.W. 12 Brijesh Kumar was recorded by the Presiding Officer, in S.T. No. 345 of 2001 under Section 460/411 I.P.C. P.S. Chilkana district Saharanpur. After recording the examination-in-chief of P.W. 12, contemner Nakshetra Pal Singh, Advocate who was appearing on behalf of the accused Sushil and Kulvendra started cross-examining, the witness, who gave the reply. The Presiding Officer asked the contemner Nakshetra Pal Singh to clarify from P.W. 12 whether he was understanding the meaning of the word Vayan, then the contemner Nakshetra Pal Sigh, Advocate and his associate contemner Vijai Pal Singh, Advocate extended the threats to P.W. 12 Brijesh Kumar in the court and started shouting by saying that the presiding Officer was recording a distorted statement of the witness and made allegation against the Presiding Officer that he was having" interest in the said case. Then the Presiding Officer asked the contemners that if they do not want to do this case in his court, the same may be transferred to some other court. Thereafter both the contemners left the court without cross-examining the witness P.W. 12 and due to shouting and extending threat to P.W. 12., the litigants, police personnel, witnesses and other persons attracted to the court room, in their presence also P.W. 12 was given a threat and they caused obstacle in the functioning of the court proceedings as well as made allegations against the Presiding Officer about his integrity and dutifulness, consequently the authority of the court was lowered.

(3.) On the basis of reference made by the Presiding Officer, this court has taken cognizance and issued notices to the contenmers to show cause as to why the proceedings for criminal contempt be not drawn against them for their alleged act/ misbehaviour with Sri Virendra Kumar, Additional District and Sessions Judge, Fast Track Court No. 2 Saharanpur, which prima facie, amount to interference with the administration of justice and to lower the authority of the court.