K K JOSHI Vs. SHRIRAM SHARMA

JUDGEMENT

(1.) This order will dispose of interlocutory application No. 2484/1982.

(2.) A resume of the facts, essential to dispose of this application, is as follows : - This application has been filed by K. K. Joshi (hereinafter referred to as 'the complainant'). The complainant at the time of initiation of this case was posted as District and Sessions Judge at Datia. He lodged a complaint in this Court under Sections 12 and 13 of the Contempt of Courts Act (hereinafter referred to as 'the Act') against the contemner Shriram Sharma, a practising Advocate at Datia and President of the Bar Association, Datia, at the relevant time. The allegation against the contemner is that he approached the complainant in the matter of a bail application case of one Nawab Singh, being Criminal Miscellaneous Case No. 335/1981, that was pending for orders on 1-6-1981, and requested the complainant that the said Nawab Singh, resident of village Debhai, was his enemy, he (the contemner) had got him arrested by exerting his political influence and, therefore, the complainant should not order his release on bail.

(3.) On the aforesaid complaint of the complainant, the instant case was registered and the contemner was noticed to file his defence. The contemner in his reply, while denying the allegations against him, inter alia, made various allegations attributing motive to the complainant, by which allegedly the complainant was actuated to make a false complaint against him. The contemner further alleged that the complainant made an interpolation in the order sheet dated 1-6-1981 of the said miscellaneous criminal case disposing of the bail application of the said Nawab Singh by recording therein the accusation that is made against him in the present complaint, though it is false. The contemner filed an affidavit in support of his reply and also requested to send for the record of the Collectorate, Datia, being Case No. 4-Q/St.R. (Judicial) 9/4/66/81, in support of his allegation about interpolation in the order sheet of the said miscellaneous criminal case. This Court on 23-11-1981 passed an order that since the allegations made against the contemner have been disputed by the contemner, an enquiry is necessary, and directed the District Judge, Datia (since the complainant was transferred from Datia) for making an enquiry and submitting his report with the findings on the allegations made against the contemner.