R.A. SINGH Vs. RAKESH AGARWAL

JUDGEMENT

(1.) All these three Contempt Applications (Criminal) have been registered against same person Shri Rakesh Agarwal, Advocate, practicing in District Judgeship, Bareilly (hereinafter referred to as "Contemnor") and, hence, all these three contempt matters were heard together and are being decided by this common judgment.

(2.) Shri R. A. Singh, Additional District & Sessions Judge, Bareilly, made a Reference dated 10th November, 2005 stating that Contemnor is a party in a large number of civil and criminal cases, revisions and appeals pending in different Courts of Bareilly Judgeship. Contemnor appears in person, moves applications and petitions personally and argues cases personally. Seven cases were received on transfer from Court of Sessions Judge, Bareilly, which are;

(3.) Criminal Revision No. 334/2005 'Rakesh Agarwal Vs. State of U.P. was fixed for hearing before Referring Judge on 6th August, 2005. Shri Ajay Pal Singh, Advocate appeared on behalf of one Dr. A.K. Chauhan and filed his Vakalatnama. He also moved an application for summoning record of Criminal Revision No. 337/2005 'Rakesh Agarwal Vs. State of U.P.' decided on 04.07.2005. This application was allowed and record was directed to be requisitioned fixing 16th August, 2005 for disposal of Criminal Revision No. 334/2005. On passing of order dated 16th August, 2005, Contemnor said that Shri Ajay Pal Singh, Advocate had no locus standi to appear, file Vakalatnama or move application. Criminal Revision No. 334/2005 was filed against order dated 31st March, 2005 passed by Shri Chandra Bhushan Singh, the then Chief Judicial Magistrate, Bareilly on an application moved by Contemnor under Section 156 (3) CrPC against Dr. A.K. Chauhan. In Criminal Revision No. 334/2005 revisionist-Contemnor levelled serious, contumacious and scandalizing allegations against Shri Chandra Bhushan Singh, the then Chief Judicial Magistrate, Bareilly. Some of the allegations contained in memo of revision are as under: