SWATANTRA KUMAR Vs. LAV KUSH S SHUKLA

JUDGEMENT

(1.) THIS petition under section 482 CrPG is directed against the order dated 5-2-1985 passed by the Ilnd Addl. Sessions Judge, Gonda, in Sessions Trial No. 434 of 1983, State v. Kripa Ram.

(2.) SWATANTRA Kumar Audhaulia applicant is an Advocate practising in the district courts at Gonda, He is appearing in Sessions Trial No. 434 of 1983, State v. Kripa Ram and is representing accused Kunney. On 5-2-85 the statement of Kunney under section 313 CrPC was recorded The last question put to accused Kunney is reproduced hereunder : "Aur Kuchh Kehna Hai ? " The reply of the accused in full is also quoted hereunder :- Ram Gopal Singh, Akbar Ali Gaon men khullam khulla kahte hain ki Judge saheb (yani app Sessions Judge) ko mila liya hai aur ab saja karvai beghair nahin chhoren ge. " The learned Sessions Judge asked another question which is quoted as under :- " Un gaon walon ka naam batao ge jinse Ram Gopal aur Akbar Ali ne aisa khullam khulla kaha ? " Learned counsel Sri SWATANTRA Kumar objected to the court question on the ground that it amounted to cross examination of the accused and was legally not permissible. Since Sri SWATANTRA Kumar was probably obstructing the functioning of the Court hence proceedings were drawn and he was fined Rs. 2000/- which was to be paid till the rising of the Court and in default to undergo three days imprisonment. It is short order and hence it is bening mentioned in verbatim :-

(3.) I have heard the learned counsel for the parties and gone through the record. A long reply has been received from the trial court throwing light on the history and background relating to the aforesaid sessions trtal. It transpires from the record that from 15-2-84 as many as 22 applications were moved in the case for some purpose or the other. It appears that all out effort was being made on behalf of to accused persons who were on bail to see that the case was not heard by the court concerned. Such things often happen in cases that are being dried by courts which are well known for recording conviction. It is indeed becoming difficult now a days for a fair and honest officer to carry on his work. Lawyers have been acting in utter disregard of the fact that huge arrears of cases are pending in each court. It is a high time that lawyers should become conscious of the fact that they not only owe allegiance to their clients but also are duty bound to assist the court in dispensing justice efficaciously.