COURT ON ITS OWN MOTION Vs. MILKHI RAM

JUDGEMENT

(1.) This Court received a reference of 28-10-1981 from Sub Judge-cum-Sub-Divisional Magistrate, Palampur (Kangra District). It disclosed that while announcing the judgment in Case No. 50-II/81 (State v. Milkhi Ram) u/S. 380 of the Indian Penal Code, the accused, accompanied by Bhikham Singh C. No. 102, Parkash Chand C. no. 326 and Chuni Lal C.No. 618 of Police Lines Dharamshala, hurled a shoe at the Judicial Magistrate and also used abusive language. He was not handcuffed by the Constables who were ordered to do so. Milkhi Ram was over powered by the court officials and the Advocates present there. It has been desired by this reference that necessary action be taken against the wrong doers.

(2.) The statement of Milkhi Ram was recorded by the Sessions Judge during the inspection of the jail. In this statement Milkhi Ram has stated that these Constables and Shri Ramanand, Station House Officer, Palampur had forced him to throw the shoe at the Magistrate. Taking into consideration the information then available with the Court, notice to the respondents to show cause why they should not be punished for criminal contempt, was issued on 18-7-1982. Parties filed their respective affidavits and thereafter, some of them were subjected to cross examination also.

(3.) It is important to mention here that proceedings u/S. 228 of the Indian Penal Code were started against the accused, wherein he was held guilty and sentenced to simple imprisonment for six months. Before proceeding further, we proceed to decide the objection of maintainability raised by Shriu J.R. Thakur on behalf of Milkhi Ram.