SUO MOTU Vs. SHRI.KRISHNA KUMAR RAGHUVANSHI

JUDGEMENT

(1.) This contempt petition has been registered in pursuance to the reference which has been sent by the Additional District and Sessions Judge, Bareli District Raisen in pursuance to an application filed by Yashpal Singh raghuvanshi who made an application under Sec. 15(2) of the Contempt of Courts Act, 1971 alleging that the nonapplicants have violated the decree of the Court dtd. 11/7/2019 passed in Civil Appeal No.27-A/2018 wherein conditions No.5 and 6 of the decree have been violated. In pursuance to the said application, MJC No.12/2019 was registered and the matter proceeded for enquiry. On notice being issued, the statement of the parties and witnesses have been recorded and documentary evidence was produced before the Court. The said MJC was finally decided on 9/5/2020 and the finding was recorded that the non-applicants have violated the decree dtd. 11/7/2019 passed in Civil Appeal No.27-A/2018 by removing the (Dan Patra) donation box from Shri Ram Janki Hanuman Mandir Private Trust, village Chhind and putting an open Dan Patra (Thal) in place of a locked one. The non-applicants have also fixed a flex on which it was written that Shri Ram Janki Hanuman Mandir Trust village Chhind Niji Trust is a private property and the management of the Trust will not accept the interference of an outsider. It is further pointed out that in para 61 of the order dtd. 9/5/2020 passed in MJC No.12/2019, the applicants have violated the conditions No.5 and 6 of the decree.

(2.) As per the reference, it is pointed out that the non-applicants have violated the decree of the Court which amounts to civil contempt. It is further pointed out that the non-applicant krishna kumar has sent a complaint against the Presiding Officer i.e. Shri S.P.S. Bundela, Additional District Judge, Bareli alleging misuse of his office and indulging in corrupt practices and arbitrary use of powers. The matter was enquired into when a reference for registration of criminal contempt was also made which was separately registered. A detailed order has been passed in a criminal contempt registered at Concr. No.05 of 2020. The matter was placed for consideration before the Portfolio Judge as well as the Hon'ble Chief Justice and thereafter civil contempt was registered.

(3.) On notice being issued to the respondents/contemnors, a detailed reply has been filed by them pointing out several factual situations. It is pointed out that against the judgment and decree passed by the First Appellate Court, a second appeal has been filed being Second Appeal No.2046 of 2019 wherein vide order dtd. 30/7/2019 there was a direction for staying the execution of the judgment and decree which was filed along with the MJC before the learned Trial Court. The second appeal is still pending before this Court. Therefore, once the judgment and decree passed by the Court has already been stayed no contempt is made out against the respondents. However, he tenders his unconditional apology before this Court, in case it is found that the judgment and decree has been violated. Para 40 of the Contempt reference made by the learned Trial Court reads as under: