REF IN CRIMINAL CONTEMPT Vs. RAMESHWAR DAYAL YADAV

JUDGEMENT

(1.) IMTIYAZ Murtaza, J.-Heard Sri Bhagwati Prasad Srivastava, learned counsel for the contemnor and learned A.G.A.

(2.) THIS reference has come on the basis of a report dated 18.6.2003 of Sri Suresh Chandra Bharti, Civil Judge (Jr. Division), Moth, Jhansi, made to the Registrar General, High Court, Allahabad, through district Judge, Jhansi.

(3.) A perusal of the above shows that allegations are that on 18.6.2003 when the judgment was pronounced by Sri Suresh Chandra Bharti, Civil Judge (Junior Division), Moth, Jhansi in a Complaint Case No. 261 of 1993, Guman v. Dayaram and others, under Sections 323, 504 and 506, I.P.C. sentencing the three accused to one year R.I. Sri Rameshwar Dayal Yadav, counsel of the accused, after listening the order of sentence used contemptuous language against the Court and due to this the proceedings of another Crl. Case No. 558 of 1998, State v. Zakir, was also interrupted in which the cross-examination was being conducted by the defence counsel Sri Ashok Kumar Khare, advocate, A.P.O. Sri R. N. Jatav, the proceedings of the aforesaid case was stopped and the Presiding Officer had to retire to his chamber. Sri Rameshwar Dayal is also facing proceedings under Section 340, Cr. P.C. In the Court of Civil Judge (Junior Division), Moth, Jhansi, Crl. Misc. Case No. 59 of 1995, State v. Court Moharrir and others, under Section 340, Cr. P.C.