IN RE: K.K. MISHRA Vs. STATE

JUDGEMENT

(1.) This criminal contempt application has been registered on reference dated 21.7.2011 of Sri Deepak Yadav, Civil Judge (Junior Division),(Purvi), Allahabad (hereinafter referred to as 'Reference Officer') stating that on 20th July, 2011 at about 2.15 P.M. Suits' Clerk, Sri Rajmani Pandey put up record of Original Suit No.1818 of 2003 (Siddh Nath Versus Shanti Devi) along with application C-93. Written argument and a number of case laws were annexed with application C-93 which related to disposal of application 6-C, which had already been disposed of by Court concerned on 20.12.2010 pursuant to High Court's order dated 12.11.2010. Consequently, Reference Officer disposed of application C-93 in accordance with Rule 28 of General Rules (Civil) and ordered return of aforesaid written argument and case laws annexed to the said application. Contemnor thereupon hurled abuses by making allegations of bribery and corruption against Reference Officer and alleged that written argument and case laws annexed to application C-93 have been ordered for return so that evidence of corruption against him may not come on record. Contemnor also threatened Reference Officer of dire consequences when he would come out of Court after Court hours. Actual allegations made in reference by the Reference Officer as contained in paras 3-4 read as under:

(2.) This Reference has been forwarded by District Judge, Allahabad vide endorsement dated 21.7.2011. The matter was examined on administrative side and Hon'ble The Chief Justice took a view vide order dated 23.8.2011 that proceedings for criminal contempt be initiated against Contemnor in accordance with Contempt of Courts Act, 1971 (hereinafter referred to as 'Act 1971'), hence it was placed before the Court having determination of criminal contempt.

(3.) On 15.9.2011 this Court issued notice to Contemnor to appear in person on 17.11.2011 and show cause why contempt proceedings be not initiated against him.