ALOK PANDEY Vs. RAKESH TIWARI

JUDGEMENT

(1.) Shri Alok Pandey, Chief Judicial Magistrate, Allahabad sent a Complaint/Reference vide Letter dated 12.12.2012, alleging that contemnor Rakesh Tiwari, Advocate on 21.12.2012, during lunch when aforesaid judicial officer was retiring in his chamber, entered the chamber alongwith 2-3 junior advocates, without seeking permission and started using abusive language besides attempting to slap and said that he (the Presiding Officer) was required to pass order for registering FIR but he did not listen and will have to face severe consequences. The contents of Reference Letter are reproduced as under: <JUDIMG>586423-1</JUDIMG>

(2.) District Judge, Allahabad forwarded the said Reference vide order dated 22.12.2012 where-after matter was registered and placed before the Court having determination of criminal contempt. On 29th August, 2013, a Division Bench considered the matter, and being prima facie satisfied that a case of criminal contempt has been made out, issued notice to contemnor-Rakesh Tiwari. Process returned with Report dated 30.9.2013, stating that contemnor after reading notice, returned the same, stating that his name is 'Rakesh Kumar Tiwari' and not 'Rakesh Tiwari'.

(3.) This Court vide order dated 7.10.2013 directed District Judge, Allahabad to find out the name of correct person after verifying record of Miscellaneous Application No.1747/XII/2012 (Akhilesh Kumar Shukla vs. Harsh Vardhan Singh alias Baddu and others) filed under Section 156 (3) Cr.P.C. and also after verification from Shri Alok Pandey, the then Chief Judicial Magistrate, Allahabad, who made the Reference. Consequently, District Judge, Allahabad submitted report dated 24.10.2013 pointing out that from vakalatnama filed in aforesaid case, subsequently registered as Complaint Case No.1919 of 2013 (Akhilesh Kumar Shukla vs. Harsh Vardhan Singh), there appeared two Advocates, i.e. R.K. Tiwari and Smt. Saumya Tiwari, and their enrollments no. are U.P.4498/87 and 05308/2011, respectively. Thereafter, verification was made and it was found that contemnor's Registration No. is U.P.4498 of 1987. Consequently, a notice was served upon him on 2.11.2013. The District Judge submitted report vide Letter dated 6/7.11.2013 verifying service of notice upon contemnor.