ALOK PANDEY Vs. RAKESH TIWARI

JUDGEMENT

(1.) Shri Alok Pandey, Chief Judicial Magistrate, Allahabad sent a Complaint/Reference vide letter dated 12.12.2012, alleging that contemnor Rakesh Tiwari, Advocate on 21.12.2012, during lunch when aforesaid judicial officer was retiring in his chamber, entered the chamber alongwith 2 -3 junior advocates, without seeking permission and started using abusive language besides attempting to slap and said that he (the Presiding Officer) was required to pass order for registering F.I.R. but he did not listen and will have to face severe consequences. The contents of reference letter are reproduced as under:

(2.) This Court vide order dated 7.10.2013 directed District Judge, Allahabad to find out the name of correct person after verifying record of Miscellaneous Application No. 1747/XII/2012, Akhilesh Kumar Shukla v/s. Harsh Vardhan Singh alias Baddu and others, filed under Sec. 156(3), Cr.P.C. and also after verification from Shri Alok Pandey, the then Chief Judicial Magistrate, Allahabad, who made the Reference. Consequently, District Judge, Allahabad submitted report dated 24.10.2013 pointing out that from vakalatnama filed in aforesaid case, subsequently registered as Complaint Case No. 1919 of 2013, Akhilesh Kumar Shukla v/s. Harsh Vardhan Singh, there appeared two Advocates, i.e., R.K. Tiwari and Smt. Saumya Tiwari, and their enrolments No. are U.P. 4498/87 and 05308/2011, respectively. Thereafter, verification was made and it was found that contemnor's Registration No. is U.P. 4498 of 1987. Consequently, a notice was served upon him on 2.11.2013. The District Judge submitted report vide Letter dated 6/7.11.2013 verifying service of notice upon contemnor.

(3.) On 11.11.2013, contemnor -Rakesh Tiwari appeared before the court and submitted that he has not received copy of reference and other supporting documents. The court passed order to supply the same to contemnor within two weeks. The said documents were supplied to contemnor as is evident from Office Report dated 25.11.2013. On 26.11.2013 and 9.12.2013, contemnor appeared in person and sought time to file reply, which was allowed. A reply by way of an affidavit, sworn on 18.12.2013, was filed by contemnor, admitting that he appeared as a counsel in Miscellaneous Application No. 1747/XII/2012 subsequently registered as Complaint Case No. 1919 of 2013, Akhilesh Kumar Shukla v/s. Harsh Vardhan Singh alias Baddu and others, under Ss. 419, 420, 467, 468, 471 and 408, I.P.C., Police Station -Colonelganj, Allahabad. The application was heard on 30.10.2012 and 8.11.2012 was the date fixed for order. On 8.11.2012, contemnor saw that one of opposite party, namely, Shri Sharad Tandon, General Manager, District Industries Centre, Allahabad was seen in conversation with Chief Judicial Magistrate in his chamber, hence, he had no hope of justice from that court and proposed to file an application for transfer before District Judge, Allahabad, therefore, no order should be passed on his application. The contemnor moved an application dated 8.11.2012 before Chief Judicial Magistrate, requesting him not to pronounce the order which was ready by him. The C.J.M. kept the application with him stating that he shall not pronounce the order. However, subsequently, contemnor came to know that order was pronounced by Presiding Officer, directing to register application filed under Sec. 156(3), Cr.P.C. as complaint case, fixing 23.12.2012 for recording statement of complainant under Sec. 200, Cr.P.C.