IN RE Vs. GULAB SINGH

JUDGEMENT

(1.) This Contempt Application (Criminal) has been registered pursuant to a Reference made by Smt. Manju Kumari, Additional Civil Judge (Junior Division) First, Court No. 22, Jaunpur vide letter dated 14th April, 2014 forwarded by District Judge, Jaunpur vide letter dated 15th April, 2014.

(2.) Brief facts stated in Reference dated 14th April, 2014 are that on 07.04.2014, around lunch time Court Clerk produced record of Suit No. 19 of 1981 along with noting that at around 12.30 Shri Gulab Singh Chauhan, Advocate came and sought record of aforesaid suit for perusal. Having seen record, after Court's order, dismissing suit in default, he wrote something in English and when record was sought to be taken from him, he uttered something and went. When concerned Presiding Officer Smt. Manju Kumari was perusing record of aforesaid suit during lunch time between 1.30 to 2.00 p.m., Shri Gulab Singh Chauhan (hereinafter referred to as "Contemnor") came in Courtroom, started crying and said "Kaise meri file kharij kar di, kaise kar sakti hai, jo man mein aata hai wo karati hai, naukari karne aayi hai ya kya". Besides, he also uttered several foul words against aforesaid Presiding Officer. In the record of aforesaid suit, the Contemnor entered following note under order of Presiding Officer:

(3.) Presiding Officer has said that under utterance Contemnor has made aforesaid note unauthorizedly which amounts to lowering down authority of Court and also amounts to obstruction in judicial functioning constituting "criminal contempt" as defined under Section 2(c) of Contempt of Courts Act, 1971 (hereinafter referred to as "Act 1971"). The photocopy of order-sheet was appended to the Reference along with report of Shri Anand Prakash Singh, Court Clerk.