KALURAM Vs. STATE OF M P

JUDGEMENT

(1.) A notice was issued at the instance of Shri B. C. Chaturvedi, Magistrate First class, Jabalpur, to the non-applicant, Kaluram, to show cause why he should not be convicted for contempt of Court under Section 3 (1), Contempt of Courts Act,

(2.) THE non-applicant Kaluram, who is a Janpad Councillor, and who belongs to Congress Party, was being tried in four criminal cases pending before Shri B. C. Chaturvedi, Magistrate First Class, Jabalpur, for offences of thefts. He was on bail and was being represented by a counsel. One of those cases (Criminal Case No. 57 of 1960) was fixed for 31-8-1960 for recording evidence of witnesses for the prosecution. In the course of cross-examination of one of the witnesses for the prosecution, the magistrate severely reprimanded the non-applicant Kaluram, the accused in that case.

(3.) THE Magistrate, in his application moving this Court to take action against the non-applicant Kaluram, for contempt of Court, has slated that the non-applicant, in the course of cross-examination of that prosecution witness, adopted a threatening attitude towards the witness and shouted in loud voice, for which he was reprimanded and told to behave properly. According to the version given in that application, in spite of this warning and reprimand, the non-applicant continued in his unruly attitude, and, hence, the magistrate sent for police guards to take suitable action against him for causing disturbance in the proceedings. The non-applicant then quietned down, and the police guards were sent back. The version of the incident, as given by the non-applicant Kaluram, is different.