IN RE Vs. KANHAIYA LAL GAUTAM, ADVOCATE

JUDGEMENT

(1.) Heard Sri Kanhaiya Lal Gautam, Advocate in person and Sri Sudhir Mehrotra, learned Special Counsel for the Court. We have also examined the records of the present Criminal Contempt Application in detail.

(2.) Smt. Tripati Chaudhari, the then Chief Judicial Magistrate, Mathura made reference dated 13th May, 2015 under Sec. 15 (2) of the Contempt of Courts Act to the High Court, stating therein that Kanhaiya Lal Gautam, Advocate along with his two sons, namely, Gokulesh Gautam and Awdhesh Gautam, said to be Advocates in their individual capacity also accused in case Crime No. 3008 of 2015 (State Vs. Kanhaiyal Lal Gautam & Others) under Sections 323, 325, 504 and 506 of the Indian Penal Code, Police Station Kotwali, District Mathura created a scene during hearing of miscellaneous applications on 13th May, 2015 at about 12.50 p.m.. Disturbance created by the acts of Sri Kanhaiya Lal Gautam resulted in the disruption of the Court proceedings. The learned Chief Judicial Magistrate had to retire to her chambers.

(3.) The exact incident as reported by the then Chief Judicial Magistrate is that at around 12.50 p.m. when the Court was dealing with miscellaneous applications, Kanhaiya Lal Gautaum initiated disturbance by mentioning that the counsel for the other side accompanied by 10 to 12 Gundas has arrived in the Court. The Chief Judicial Magistrate enquired from Kanhaiya Lal Gautam, who are goons referred to by him. Kanhaiya Lal pointed towards Uama Kant Chaturvedi, a lawyer, who was appearing in an other case i.e. State Vs. Rajeev. He also pointed towards other Advocates accompanying Uma Kant Chaturvedi as his juniors.