LAWS(BOM)-2008-4-98

BALBHIM RAMCHANDRA KEDAR Vs. STATE OF MAHARASHTRA

Decided On April 08, 2008
BALBHIM RAMCHANDRA KEDAR Appellant
V/S
JALALUDDIN KADIR SHAIKH Respondents

JUDGEMENT

(1.) This is a reference made under section 15(2) of the Contempt of Courts Act 1971 by Shri. Balbhim Ramchandra Kedar, Civil Judge Junior Division & Judicial Magistrate First Class, Bhusawal, District Jalgaon dated 11-5-2007. By an order dated 19-6-2007 Shri. V.N. Damle, learned Counsel was appointed as amicus curiae and notice was issued to respondent No.2 as to why action under Contempt of Courts Act be not taken against the contemner. The contemner was directed to remain personally present in this Court on 16-7-2007. By an order dated 13th August 2007 the contempt petition was admitted and it was set down for hearing on 1-10-2007.

(2.) By an order dated 28th February 2008 charge was framed against the contemner, a practising Advocate, in the presence of the contemner. The contemner denied the charge against him and pleaded not guilty. The first charge against the contemner is that on 10-7-2006 at Bhusawal the contemner had already filed a criminal complaint bearing Criminal Complaint No.9 of 2006 against Shri Balbhim Ramchandra Kedar, Joint civil Judge Junior Division and Judicial Magistrate, First Class Bhusaswl in his own Court, made verification statement on oath and made following allegations against said Judicial Officer Shri. Kedar.

(3.) Along with the Reference the learned Judge has forwarded copies of relevant application and documents.