IN REFERENCE Vs. AJAY@GUDDU

JUDGEMENT

(1.) This is a reference made by Ms. Vibhavari Joshi, Special Judge, Chhindwara for initiating, contempt proceedings against Ajay @ Guddu, who hurled faecal matter on her dias in the course of judicial proceedings.

(2.) Respondent. Ajay @ Guddu is facing criminal trial in the court of Special Judge, Chhindwara under Section 302 of I.P.C. in special Case No. 66/07 as well as under Sections 365/34, 366/34, 506, 376(1), 323 of I.P.C. read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act,.1989 in special case No. 45/10. On 28.01.2011, the aforesaid two cases were fixed for recording of evidence and respondent/accused Ajay @ Guddu was produced in custody from the lock-up before the Special Judge, Chhindwara by constable No. 451 Ajay Kumar and constable No. 65 Bhurasingh. After the recording of evidence was over in both the special cases, respondent signed on the order sheets at the table of the execution clerk, and while leaving the court at about 12:55 P.M., he threw a plastic packet, full of night soil on the dias of the judge, which scattered on her coat, dias, computer and the files kept on the dias, causing interference in the judicial proceedings. The reference/ complaint was, therefore, made by Ms. Vibhavari Joshi, Special Judge, Chhindwara through District and Sessions Judge, Chhindwara to the High Court, which has been registered as contempt petition.

(3.) We issued show cause notice to contemner Ajay @ Guddu, as also to two constables Ajay Kumar and Bhurasingh, who escorted respondent Ajay @ Guddu in custody to the court and permitted him to carry the night soil with him, to show cause why contempt proceedings be not initiated against them.