ASHOK GOVINDRAO BILOLIKAR Vs. RAMCHANDRA KISANRAO KAGNE

JUDGEMENT

(1.) Present petition has been filed by learned 2nd Ad-hoc Additional Sessions Judge, Parbhani under Sec. 15 (2) of The Contempt of Courts Act, 1971 for taking action against respondent and punishing him.

(2.) Respondent/ Advocate is practising in Parbhani Court. He was representing an accused who was facing trial under Section 376 (2) (f) of Indian Penal Code in Sessions Case No. 52 of 2001. The case was tried before the petitioner. Evidence of the prosecution was recorded and thereafter statement of the accused under the provision of Section 313 of Code of Criminal Procedure was to be recorded. The matter was kept for final arguments on 07-10-2005. Petitioner heard the arguments on that day. He started dictation of the Judgment around 100 noon. After he had dictated the Judgment up to the point of holding the accused guilty. Thereafter the work of transcription of the Judgment was undertaken. He completed the work of checking the Judgment till 05.00 to 05.15 p.m. Then the accused was called upon to make submissions on the point of sentence. Respondent No. 1 thereafter, got up and started shouting loudly. He snatched the note book of Stenographer Mr. Ugle and flung in the Court. The said note book hit the head of learned A.P.P. Mr. R. R. Sharma. Thereafter, Peon Mr. Gaikwad on duty had picked up the same and handed it over to Stenographer Mr. Ugle. Petitioner was requesting respondent No. 1 to keep clam, but he was not in mood to listen. Respondent No. 1 then threatened as to, "He would see, how judgment is given. Bullying of the Court will not be tolerated. Fool Magistrate." (Translation of, <IMG border=1 src="http://www.indialawlibrary.com\images\23112018-431.jpg"> ). When petitioner tried to resume the dictation, respondent No. 1 once against flung the note-book of the Stenographer after snatching it. Respondent was threatening that, he has made complaint and petitioner should not pronounce Judgment. Petitioner has stated that, the conduct of the respondent amounted to scandalisation and interference in the administration of justice. Petitioner was required to get up and inform the incident to Sessions Judge. Petitioner has convicted the accused and then issued show cause notice to the respondent. Petitioner has also drafted the complaint on the same day of Judgment and sent to Court. In the complaint he has alleged that, accused (Present respondent No. 1) has committed offence punishable under Sec. 228 and 353 of Indian Penal Code. Petitioner has also stated that, conduct of the respondent with other Judicial Officers is also same. He threatens the judicial officers. Petitioner has prayed for taking action under Contempt of Courts Act against respondent No. 1 by making this reference.

(3.) The present Contemnor - respondent No.1 filed reply along with affidavit by raising following points ;