STATE OF UTTAR PRADESH Vs. RAJENDRA SINGH CHAUDHARY

JUDGEMENT

(1.) The District Judge Ghaziabad has made a reference to the High Court on the basis of the report submitted by A. K. Singh X Additional Chief Judicial Magistrate Ghaziabad for drawing proceedings against one Rajendra Singh Chaudhary, Advocate who on 26-11-1997 at about 2 p.m. under intoxication had entered and remained in the Court of X Additional Chief Judicial Magistrate Ghaziabad and was lying on a bench in the Court room. The report mentions that the aforesaid Rajendra Singh Chaudhary Advocate was drunk. He was vomitting in the Court. He was asked to leave the Court which he did not do. In the Court room a number of litigants and advocates were present. The aforesaid Rajendra Singh Chaudhary, Advocate was, the report mentions, rambling under intoxication. The record also mentions that he was spitting all over in Court.

(2.) The X Additional Chief Judicial Magistrate brought this matter to the notice of his colleagues in the neighbouring Court with the result that the I Additional District Judge and the II Additional District Judge, on the direction of the District Judge made a spot inspection and submitted their reports to the District Judge Ghaziabad. The report of the District Judge, Ghaziabad, states that in the past also Judicial Officers complained about the similar misconduct of the aforesaid, Rajendra Singh Chaudhary Advocate. On the report of the District Judge, the High Court directed that summons be issued. The proceedings record that initially Rajendra Singh Chaudhary Advocate evaded receiving the summons of the Court so much so that the District Judge had to have the summons from the High Court pasted outside his chamber No. 57. The summons had not been readily accepted by the aforesaid, Rajendra Singh Chaudhary Advocate. The High Court had to issue fresh summons. These proceedings are noticed in the order-sheet dated 9/08/1998, 31 August 1998 and 6/04/1999. Ultimately the High Court had to issue bailable warrants to Rajendra Singh Chaudhary against a sum of Rs. 500. These warrants fixed 3/05/1999 as the date of appearance. This is recorded in the proceedings of 6/04/1999 an order of the Division Bench of the Hon'ble O.P. Jain and Hon'ble S. K. Agarwal JJ. The proceedings of 3/05/1999 before the Division Bench of the Hon'ble R.R. K. Trivedi and Hon'ble Iqram-ul-Bari JJ. record that appearance on behalf of aforesaid Rajendra Singh Chaudhary was put by Sri V. K. Jaiswal, Advocate. The contemner did not appear despite a bailable warrant. His counsel reported to the Court that "Rajendra Singh Chaudhary met him day before yesterday i.e. on 1/05/1999 at Ghaziabad and he prayed for his help as he was suffering from fever."

(3.) The proceeding record that as notice has been issued to Rajendra Singh Chaudhary to appear in person his presence through counsel cannot be accepted. The matter was listed on 11/05/1999. On 1 1/05/1999 Rajendra Singh Chaudhary Advocate, the contemner appeared personally. On that day he sought one month's time to file a counter affidavit. It was also contended on his behalf that the contemner has not received any papers. On this the Court directed that the papers be supplied to the aforesaid Rajendra Singh Chaudhary, Advocate, the contemner. Though, the contemner was already appearing through counsel and it is on record that the contemner was evading the summons and the record, both.