S.P. SHARMA Vs. BHAGWATI SHARMA

JUDGEMENT

(1.) A reference was made by Sri Surya Prakash Sharma, Chief Judicial Magistrate, Kushinagar at Padrauna on 18.09.2008 forwarded by the then District Judge, Kushinagar vide letter dated 23.8.2008 informing this Court regarding activities of Sri Bhagwati Sharma, Advocate, in Civil Court, Kushinagar which constituted "Criminal contempt" as defined under Section 2(c) of Contempt of Courts Act 1971(hereinafter referred to as "Act 1971"). The matter was examined by this Court and it was registered as Criminal Contempt Application No.20 of 2008. In the Reference it is stated that on 18.8.2008 when Court was busy in criminal case no.713 of 2007, Smt. Madhubala Pandey Vs. Abhishek Kumar, the Contemnor, appearing for the applicant in the said case dubbed the Court as 'incompetent'. During course of argument, the contemnor uttered the words "COURT INCOMPETENT HAI".

(2.) Likewise in another Criminal Misc. case No.136 of 2008, Smt. Sobha Kushwaha Vs. Santosh Kushwaha when the matter was taken up for hearing, the contemnor appearing for Smt. Sobha Kushwaha, without arguing the case on merits, stated in high pitch tone in open Court that he repeats the same arguments. The actual words uttered by contemnor were "MERI YAHI BAHAS IS PATRAVALI MAIN BHI HAI"

(3.) This Court prima facie found the aforesaid act of contemnor constituting "criminal contempt" and, on 7.1.2009 issued notice as to why he be not proceeded against for committing 'criminal contempt' under the provisions of Act 1971.