STATE OF ORISSA Vs. SUDHA SINGH AND ORS.

JUDGEMENT

(1.) This suo motu contempt proceeding was initiated on 3.2.2015 after perusal of the reports dated 20.01.2015 and 01.02.2015 of the learned District Judge, Jagatsinghpur, addressed to the Registry of this Court. This Court after perusing those reports was of the view that it was a fit case to take suo motu cognizance of criminal contempt of Court, as contemplated under the Contempt of Courts Act, 1971 (hereafter 'the 1971 Act') against Ms. Sudha Singh, Superintendent of Police Jagatsinghpur and Smt. Sabita Majhi, S.I. of Police, Paradip Police Station.

(2.) The first report dated 20.01.2015 submitted by the learned District Judge, Jagatsinghpur relates to interference of respondent no.1 Ms. Sudha Singh, Superintendent of Police, Jagatsinghpur in the judicial work of the learned J.M.F.C. (P), Kujanga. It is stated in the report that on 14.1.2015 the learned Magistrate reported him by way of a confidential letter that a phone call was received from S.P., Jagatsinghpur bearing number 9439440000 by the learned Magistrate. The caller asked the learned Magistrate as to why he was sending Complaint Petition under section 156(3) of Cr.P.C. and why he was enquiring about ill treatment during police custody. The caller asked the learned Magistrate to stop it or else she would report against him. The caller also threatened him for showing highhandedness by enquiring about the ill treatment on the accused in G.R. Case No.42 of 2015 arising out of Paradip P.S. Case No.9 of 2015 for the offences under sections 399/402 of Indian Penal Code read with section 25/27 of the Arms Act.

(3.) The second report of the learned District Judge indicates that the respondent no.2 Smt. Sabita Majhi, S.I. of Police, Paradip Police Station (S.J.P.U.) produced a Juvenile in conflict with law before the Chief Judicial Magistrate-cumPrincipal Magistrate, Juvenile Justice Board, Jagatsinghpur in Juvenile Case No.40 of 2015 on 01.02.2015 and during the proceeding, the respondent no.2 threatened the C.J.M. to lodge FIR against him for misbehavior when she was asked to discharge her duty as she refused to identify the signature of the J.C.L. on the bail bond and to release the J.C.L. from custody and put her signature on the order sheet. From the second report, it is further revealed that respondent no.1 Smt. Sudha Singh rang up the learned District Judge in his mobile from her mobile phone and told that J.C.L. was arrested with much difficulties but how could he be released on bail by the C.J.M.