PRESIDENT MUNICIPAL BOARD FATEHPUR Vs. RAGHUBIR SAHAI KAITHWAR

JUDGEMENT

(1.) The opposite party Raghubir Sahai Kaithwar, who is the Vice-President of U. P. Kori Mahasabha and President of the District Depressed Class Sangh, Fatehpur, has been called upon on an application of the President, Municipal Board, Fatehpur, to show cause as to why he should not be dealt with for committing contempt of the court of the Additional Munsif, Fatehpur.

(2.) It appears that one Sri Devi Dayal was prosecuted under the U. P. Pure Food Act for selling adulterated ghee on the report of Sri Ram Shanker Pandey, Food Inspector, Fatehpur. That case ended in the acquittal of Devi Dayal. Thereupon Devi Dayal brought a suit for damages for malicious prosecution against Sri Ram Shanker Pandey. During the pendency of this suit a pamphlet was published by the opposite party. It is admitted by the opposite party himself that this pamphlet was distributed in the town of Fatehpur on the 21st September, 1956. The suit for damages which was pending in the court of the Additional Munsif, Fetehpur was decided on the 29th September, 1956. The said pamphlet contains 14 paragraphs and is headed as follows:--

(3.) After the publication of the pamphlet an application was made by the petitioner before the Additional Munsif for taking contempt proceedings against the opposite party Raghubir Sahai Kaithwar, This application was rejected by the learned Munsif on the ground that he had no jurisdiction to take action as the alleged contempt was not committed in his court but outside. It was after the rejection of that application that the petitioner moved this court.