STATE OF U P Vs. VISHRAM SINGH RAGHUBANSHI

JUDGEMENT

(1.) THIS reference has come up before this Court for taking proceedings under the Contempt of Courts Act on the basis of a report dated 27-10-1998 of Shri Suresh Chandra Jain, II Addl. Chief Judicial Magistrate, Etawah. The District Judge, Etawah forwarded the said report to this Court on 28-10-1998. The letter of Shri Suresh Chandra Jain, II Addl. Chief Judicial Magistrate, Etawah reads as follows: (Matter in vernacular omitted......Ed.)

(2.) ON the basis of the aforesaid report, Joint Registrar (C and L) submitted a note which reads as under:

(3.) THE seconal allegation against the contemnor is that he was appearing on behalf of accused persons in Crl. Case No. 204/91 (State v. Asharfi Lal and others) under S.452/342/504/506 I.P.C., P.S. Bid - huna. He was well acquainted with the accused persons as he appeared in the court on different dates on behalf of the accused. On 25-7-98 one Om Prakash son of Sri Krishna Jatav in the fake name of Sri Ram Krishna son of Asharfi Lal was got surrendered in the aforesaid case and sent to jail as Shri Krishna was wanted in that case. An enquiry was made and it came to the knowledge of the court that surrendered person was Om Prakash and not Shri Krishna. On enquiry Sri Raghuvanshi, contemnor, has refuted about aforesaid facts while the circumstances indicated his involvement in the matter. The Presiding Officer passed an order dated 28-9-98 to take action against Sri Raghuvanshi, contemnor. This court had framed following charges against the contemnor on 27-9-2004: