IN RE Vs. OM PRAKASH

JUDGEMENT

(1.) HEARD Sri Sudhir Mehrotra, learned Special Counsel for the High Court, learned A.G.A. for the State of U.P. Sri Anil Tiwari and Sri Yogesh Srivastava, learned counsel for the contemner.

(2.) THE proceedings of criminal contempt of courts have been initiated against the contemner Om Prakash son of Sri Vidya Ram Yadav, r/o 1/433 Suhag Nagar, district Firozabad on the basis of the reference letter dated 31.10.2013 of Sri Satya Prakash, Additional District and Sessions Judge, Court No. 9 Firozabad duly forwarded by the District Judge, Firozabad through his endorsement letter No. 2122/I -2013 dated 16.11.2013 with a prayer that the proceedings of criminal contempt of Courts may be initiated against Sri Om Prakash.

(3.) THE following facts have been mentioned in the reference letter dated 21.10.2013. "(1)That the Additional District & Sessions Judge, Court No. 9, Firozabad has been hearing the arguments in Sessions Trial No. 753/2008 u/s 147,148,149,307,120 -B IPC P.S. South District (Firozabad) in discharge of the legal duties as per law and its due procedure. According to him, final hearing in the Sessions Trial was started by him on 19.1.2013 and he heard the arguments of the Government Counsel. In that case, the High Court has directed to dispose of the matter within six months. Thereafter, the complainant Sri Om Prakash Yadav, on 25.1.2013 filed against me an application No. 7 of 2013 on oath, to the effect that accused Ashok Dixit has sold his land worth crores of rupees and hence he did not expect any justice from his court; and it was prayed that the said Sessions Trial be transferred to some Senior and honest court. On it, the Additional and Sessions Judge, Court No. 9 had no objection and the District and Sessions Judge transferred it to the court No.1 of Additional District and Sessions Judge on 19.2.2013. This order of the District and Sessions Judge was challenged in the Hon'ble High Court in the Transfer Application (Criminal) No. 117 of 2013 and the Hon'ble High Court dismissed on 24.9.2013, the said order of the District and Sessions Judge. Hence, in pursuance of the Hon'ble High Court's order, dated 7.10.2013 and day to day hearing started in his court which, as per the direction of the Hon'ble High Court, is to be completed by 7.11.2013. Sri Satya Prakash Additional District and Sessions Judge, Court No. 9 Firozabad has further put forth some facts relating to the complainant Sri Om Prakash Yadav as follows: