PURNA CHANDRA MAJHI Vs. STATE

JUDGEMENT

(1.) THIS is a reference made by the Sessions Judge Sambalpur-Sundargarh, recommending that the order of conviction passed by Shri H. P. Hota, Magistrate, First Class, Deogarh, under Section 228, I. P. C. be set aside.

(2.) THE facts are that the petitioner, Puma Chandra Majhi filed a complaint under Section 504, I, P. C. against the Sub-Divisional Magistrate, Deo 'garh,. Mr. Mohammad Shariff. The complainant was examined by a Magistrate of the First Class, Shri Hota, and his statement on oath was recorded. The Magistrate, however, felt that the complaint was not maintainable for want of sanction under Section 197, Cr. P. C. In this view the dismissed the complaint, petition, under Section 203, Cr. P. C. After' pronouncing the order, the Magistrate directed the complainant to bring his lawyer so that he may go through the order passed by him. But the complainant expressed surprise at this, and enquired how his complaint could be dismissed without any examination of his witnesses. According to the Magistrate the complainant repeated this statement several times with the deliberate intention of insulting him. He therefore drew up proceedings for contempt against the complainant, convicted him under Section 228, I. P. C. , and sentenced him to a fine of Rs. 50/-; in default to undergo Section 1, for seven days. The present reference has been made by the Sessions Judge, against this order of conviction.

(3.) THE questions put to the petitioner by the Magistrate in the course of his examination and the answers given by him are as follows: The first question put to him was: "what did you say when T informed you that your case had been dismissed?" The answer given by the petitioner was: "this case had been fixed for hearing before the Sub-Divisional Magistrate. On bearing the call I came and represented to you that I may be given time to call my Vakil. You said there was no need for calling a Vakil. 'thereafter how can you hear a Vakil' said I. "when there were witnesses to be examined, how could my case be dismissed?" I said so then and I repeat it now also". The next question put to the petitioner was: "when I asked you to go and stand inside the box what did you say"? The petitioner's reply was: "i said four or five times that I must go out for answering calls of nature, as I was nervous. I say that even now". The above are the versions given by the petitioner of what had transpired in the Court.