METROPOLITAN MAGISTRATE Vs. M K BALAN

JUDGEMENT

(1.) THIS contempt petition arises pursuant to the reference made by the Metropolitan Magistrate, 27th Court, Mulund, Bombay on 13th November 1995 in respect of the incident which had taken place on 28th November 1994. The said reference was forwarded to this Court through the I/c. Chief Metropolitan Magistrate on 13-11-95.

(2.) THE respondents who are alleged to have committed contempt of Magistrate's Court are one Mr.M.K.Balan Respondent No.1 who was the applicant in the 145 proceedings pending before the learned Magistrate, Respondent No.2 Mr.Mukund V. Bhopardikar, who is a practising Advocate, was appearing for Respondent No.1 Balan and the 3rd Respondent is Mr.A.K.Kajrekar who was then working as Judicial Clerk in 27th Court of Metropolitan Magistrate, Mulund and now attached to 32nd Court, Esplanade, Bombay. The allegation is that on 28-11-94 the contemnor M.K.Balan had filed Case No.1158/N/1994 under Sections 145 and 146 of the Cr.P.C. against one Inder Jamnadas Dharra. The said M.K.Balan was being represented by his Advocate M.V. Bhopardikar who is Respondent No.2 herein. On that day the following preliminary order was passed by the Court in the above proceedings:

(3.) WE find substance in the said preliminary objection because the reference was made by the learned Magistrate through the Chief Metropolitan Magistrate on 13th November 1995, which seems to have been received by the office of this Court on 15.11.1995. Thereafter the reference was placed before the Division Bench of this Court on 11-12-95 on which date the Bench had directed to issue notice to respondents returnable on 15th January 1996. Section 20 of the Contempt of Courts Act, 1971 provides as follows :