SHRIKANT CHOUDHARY Vs. M L JHA

JUDGEMENT

(1.) By this order Misc. Cr. Case No. 1434 of 1983 between the same parties is also disposed of. These are applications under section 2(3) of the Contempt of Courts Act, 1971 for taking action for contempt.

(2.) At the relevant time the applicant was posted as Civil Judge. Class II and Judicial Magistrate First Class at Sehore and he was doing the work of mobile Magistrate. On 23/9/1982 at the time of checking non-applicants jeep No. MPH 879 it was challalled under sections 112, 3/112 and 22/112 of the Motor Vehicles Act in Criminal Case No. 498 of 1982 and produced before the mobile court presided over by the applicant. The non applicant pleaded guilty and a fine of Rs. 100/-was imposed which he paid and then he was allowed to go. According to the applicant the non-applicant was directed to produce his driving licence and registration certificate on the next day but he failed to appear nor sent any intimation as directed. So dt. 24.9.1982 non-bailable warrants of arrest was issued against him and sent to Supdt. Of Police, Bhopal for execution, as there was apprehension that non-applicant may abscond. A copy was also sent to the R.T.O., Bhopal. However, on 18/10/1982 the non-applicant himself appeared in the Court and he was released on bail and the warrant of arrest issued was recalled. A Hamdast of the order was given t6 the non-applicant. However, the non-applicant filed Criminal Revision No. 38 of 1982 on 22/10/1982 before the Sessions Judge challenging the further proceedings against the non-applicant after 23/9/1982. Thereafter the non-applicant sent a complaint to the Chief Justice the Registrar and the Law Secretary complaining about the harassment by the applicant with a copy to the Sessions Judge. He again sent a reminder on 19/12/1982. By order dated 25/2/1982 the Sessions Judge quashed the order dated 24/9/1982 as being illegal and without jurisdiction.

(3.) According to the applicant, the allegations made in the memo of revision and the complaints to the Chief Justice are only to scandalize the Court and thereby the non applicant has committed gross contempt of the Court. On the basis of the applicantTs application dated 5/5/1983 Misc. Cr. Case No. 1234 of 1983 was registered and notice issued to the contemnor. The applicant also sent another application dated 19/4/1983, through the District & Sessions Judge, Sehore and on the basis of .the subsequent application Misc. Cr. Case No. 1434 of 1983 was registered and notice issued to the contemnor, i.e. the non-applicant. It was further alleged that on 28/2/1983 after the order of the Sessions Judge in revision, the non-applicant served a registered notice under section 80 of the Code of Civil Procedure on the applicant claiming Rs. 5620/-as damages. The non- applicant also sent an application to the Chief Justice on the same day for permission to prosecute he applicant under section 500, I.P.C. On 19/2/1983 (19/3/1982?) at about 12 in the noon, he non-applicant distributed the copies of a weekly PRAGDA BHARAT published from Bhopal wherein an article was published with the caption the order of the Magistrate, First Class quashed by the Sessions Court as being illegal. It was further mentioned in that article that the non-applicant has sought permission from the High Court for prosecuting the applicant and has also served a notice claiming damages for defamation. According to the applicant, the action of the non-applicant is mala fide, intimidator, defamatory and scandalous and affects adversely the administration of justice and tends to interfere and lower the prestige and authority of the Court.