IN REFERENCE Vs. VIJAY CHOUDHARY

JUDGEMENT

(1.) This contempt reference has been received by this Court on a reference being made from the Court of Special Judge, CBI, Indore and XVIIth Additional Sessions Judge, Indore, District Indore under Sec. 15(2) of the Contempt of Courts Act, 1971 (hereinafter referred as "the Act of 1971") vide letter dtd. 24/11/2023, whereby the Principal District and Sessions Judge, Indore has made the prayer taking cognizance in the matter pertaining to initiation of criminal contempt proceedings against the respondent herein for his act and conduct during the proceedings of S.T. No.687 of 2019.

(2.) The facts of the case reveal that the respondents herein is an accused in S.T. No.687 of 2019. Despite availing several opportunities for arguments with respect to framing of charges when the matter was listed on 3/4/2003 and when the Presiding Officer was reading over the charges against him, the respondent started shouting in harsh voice saying that he has been harassed by the court and later on he filed an application levelling various false and derogatory allegations against Presiding Officer of the Court and used undignified language. The Presiding Officer found the act of respondent/contemnor to be derogatory, amounting to scandalizing, lowering the authority of the Court and that he has made an attempt to interfere with the due course of judicial proceedings. Therefore, the provision of Sec. 15(2) of the Contempt of Courts Act, 1971 are clearly attracted. Thus, a show cause notice was issued to him granting opportunity to substantiate the fact that as to why the proceedings of criminal contempt should not be initiated against him.

(3.) A reply was submitted on 14/6/2023. After considering the reply filed by the petitioner and granting opportunity of hearing to him vide order dtd. 25/7/2023, the learned trial Court arrived at a conclusion that respondent has committed a criminal contempt and therefore he is liable for prosecution. Accordingly a reference under Sec. 15(2) of the Act of 1971 was made.