LAWS(MPH)-2023-6-119

SUO MOTU Vs. SMT.MEENAKSHI GAJBHE

Decided On June 22, 2023
SUO MOTU Appellant
V/S
Smt.Meenakshi Gajbhe Respondents

JUDGEMENT

(1.) These suo motu proceedings were initiated in pursuance to a reference sent by the First Additional Principal Judge, Family Court, Bhopal under Sec. 15(2) of the Contempt of Courts Act, 1971 (hereinafter referred to as 'the Act of 1971') for registration of a criminal contempt against respondent/accused Smt. meenakshi gajbhe w/o Shrikant gajbhe with a prayer to punish her under Sec. 15(2) of the Act of 1971 as she has submitted applications before the Court levelling contemptuous allegations against the Presiding Officer.

(2.) The facts in nutshell are that a Miscellaneous Criminal Case No.186 of 2015 (Smt. meenakshi Gajghe v. Shrikant K. Gajghe) under Sec. 125 of the Code of Criminal Procedure is pending before the First Additional Principal Judge, Family Court, Bhopal. During pendency of the case, the respondent/contemnor who is the applicant in the case has submitted applications dtd. 4/7/2018 and 18/7/2018 levelling contemptuous allegations against the Presiding Officer. Some other contemptuous acts committed by the contemnor have also been mentioned in the reference. A show cause notice was issued to the respondent/contemnor, but she refused to receive it. The Presiding Officer had recorded the statements of the employees of his Court and submitted the reference along with relevant documents.

(3.) The High Court took cognizance of the reference and documents annexed therewith and found that the respondent/contemnor has levelled contemptuous allegations against the Presiding Officer with a view to scandalize and lower the dignity and authority of the Court. Hence, with the approval of the Hon'ble Chief Justice, the present criminal contempt has been registered suo motu against the respondent/contemnor.