REGISTRAR Vs. NAKUL KUMAR NAYAK

JUDGEMENT

(1.) This matter is taken up through Hybrid Mode.

(2.) Reference of the Hon'ble the Chief Justice dtd. 30/10/2022 has been placed before us. The said reference is based on materials placed in the supplementary file. A letter written by Smt. Siona Siddharth Moharana, Nyayadhikari-cum-J.M.F.C. posted at Tangi has been placed in the supplementary file. In the said letter dtd. 21/10/2022, she has narrated in detail about the conduct of the Opp. Party.

(3.) It has been revealed in the said letter that the Opp. Party abused the said Judicial Magistrate in "filthy language" from outside her chamber and uttered "how dare the P.O. reject the bail petition". Thereafter, at about 5.20 P.M., when the said Judicial Magistrate was proceeding towards her residence, at that time, the Opp. Party had physically obstructed her way outside the Court building, but inside the Court premises. At that time, he was accompanied by some "non-practitioner advocates of Tangi Bar Association and some outsiders comprising of total 60 to 70 people in the Court premises". They stopped her and threatened her by saying "how dare you reject the bail petition". The Judicial Magistrate tried to pacify him by telling that the accused person had antecedents of criminal activities and he was entangled in two more cases. Hence, she had rejected the bail petition. She had further stated to them that she had given those reasons in her order rejecting the bail prayer of the accused for whom the Opp. Party was appearing. She had further reminded the Opp. Party that, if the accused was aggrieved by her order, they had the remedy in the superior Courts. The Opp. Party and his companions did not relent and continued to misbehave with her in a threatening voice by calling her experience in question that she was a new entrant and he was a seasoned professional. As a part of her professional duty, she immediately informed the incident to the Registrar, District Court, Khurda. In the said letter, she has expressed her dismay by noting that "he finally threatened me that as you have rejected the bail petition of my client, hence, from tomorrow we will boycott your Court."