LAWS(P&H)-1997-2-120

COURT ON ITS OWN MOTION Vs. ASHOK GANDHI

Decided On February 03, 1997
COURT ON ITS OWN MOTION Appellant
V/S
Ashok Gandhi Respondents

JUDGEMENT

(1.) - Archna Puri, Sub Judge-cum-Judicial Magistrate, Jalandhar had sent communication to the District and Sessions Judge, Jalandhar whereby she made serious allegations against the respondent. As such proceedings for contempt have been initiated by the learned single Judge vide his order dated December 2, 1994. The respondent who was present in the Court had accepted notice. The learned Single Judge had directed that as it was a criminal contempt, the matter was to be considered by the Division Bench as required under Section 18 of the Contempt of Courts Act.

(2.) THE respondent had tendered an unqualified apology in his affidavits. The Division Bench of this Court vide its order dated 10.7.1995 observed that the apology tendered by the respondent was not genuine. The District and Sessions Judge (Vigilance) Haryana, was directed to record evidence in the case and submit the same to this Court within six months. The parties were directed to appear before him on 18.7.1995.

(3.) SH . R.C. Kathuria, District and Sessions Judge (Vigilance) Haryana had examined as many as three prosecution witnesses, namely Smt. Archna Puri, Sub Judge-cum-Judicial Magistrate Ist Class, Jalandhar, S/Sh. Sarabjit Singh and Tarlochan Singh employees of District Court, Jalandhar. On behalf of respondents S/Sh. Gurdip Singh Sachdeva, Advocate, Ashok Gandhi, Advocate, Ram Parshad Bhanotra, Assistant Superintendent Central Jail, Jalandhar, Bind Kumar Additional Ahlmad, Des Raj, Misc. English Clerk, Sessions Court, Jalandhar, Narinder Singh, Advocate, Anant Arora, Advocate and K.C. Sharma, Advocate, were examined.