M ALEXANDER Vs. STATE OF H P

JUDGEMENT

(1.) The instant petition was initially filed under the provisions of Sections 2,10,11 and 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the 'Act') and under Section 482 of the Code of Criminal Procedure ( hereinafter referred to as 'Code'). When the same came up for consideration before this court on 9.9.2016, the petitioner was asked to justify the maintainability of the petition and was also repeatedly informed that in case he is not prepared, the matter could be adjourned and he could also be provided free legalaid. However, the petitioner insisted that he was fully prepared and would argue the petition himself and gave statement on oath to the effect that he does not seek to invoke the provision of the Act and the petition be treated as one having been filed only under section 482 of the Code and be treated as an appeal.

(2.) Even after his statement had been recorded, the petitioner was again asked to justify the maintainability and yet again offered legal assistance, which he refused to accept and while addressing on the question of maintainability of the petition would argue that clerks of the Registry of this court had guided him to file this petition in the manner he did.

(3.) He would further argue that even at earlier occasion, he had filed a similar petition which was registered as Cr MMO No.282/2014 and, therefore, the petition on the basis of past precedents was very much maintainable.