SHIV SHANKAR BANSAL Vs. HAKIM SINGH

JUDGEMENT

(1.) Briefly stated facts are that one Ashok alias Chhetake Jamdar was arrested under Sections 393, 341, 336, 506-B, IPC and Section 25-B of the Arms Act by the Police. He was produced before the Magistrate. The application for police remand was made on the ground that the accused is absconder and is involved in tripple murders. The Police remand was refused. Judicial Magistrate First Class, however, directed that if the judicial remand is required then application be filed. It is submitted that the judicial remand was not applied for and the accused was discharged by Judicial Magistrate First Class. The manner in which the accused was discharged by JMFC was reported to the Police authorities and the District Magistrate. Certain sanha entries were made and on that basis news were published in the newspapers. The applicants have annexed the press reports and the press clippings are marked as Annexures Ni, N2 & N3, and are from daily newspapers Navprabhat, Aacharan and Swadesh respectively.

(2.) The applicants filed this petition on the ground that Hakim Singh T.I., P.S. Madho Ganj, Lashkarrespondent No. 1 and Editorsrespondents 2, 3 & 4 undermined the dignity of the Court and had committed contempt. The action is prayed for.

(3.) On 30/3/1988, the matter came up before this Court and the showcause notices were directed to be issued to the respondents. The report of JMFC, Gwalior, was also called for. Learned JMFC submitted his comments on 26/4/1988, wherein it is stated that Police remand was sought, which was refused and judicial order was passed.