STATE Vs. VISHWANATH PRASAD VARMA

JUDGEMENT

(1.) In this case a rule had been issued by this Ct against Shri Vishwanath Prasad Varma, Ct Sub-Inspector of Police, Bettiah, & Shri Balaram Sinha, Sub-divisional Officer, Bettiah, to show cause why they should not be convicted for contempt of Ct for disobeying, evading or interfering with the course of justice.

(2.) A case under Sections 342, 392 & 323, I. P. C. was pending against one Rasdhari Singh, a con stable of the local Police Station, in the Ct of Shri Viswanath Mishra, Munsif-Mag of Bettiah. The accused constable was continuing on bail granted by the learned Munsif-Mag. On 1-8- 1950, an appln was moved before the trial Ct on behalf of the complainant mentioning that the accused constable was holding out threats to the prosecution witnesses & the lawyers. This appln was supported by five affidavits sworn by the prosecution witnesses & two affidavits sworn by the lawyers whom threats had been held out by the said Rasdhari Singh. The learned Munsif-Mag, after considering the matter, can celled the bail of the accused. As usual a warrant for intermediate custody was issued on 1-8-1950, which has been exhibited in this Ct a Exh. 3. This warrant for intermediate cus tody was issued to the officer in charge of the Bettiah sub ]atl. On 2-8-1950, an appln was moved by the complainant before the trial Ct that the said Rasdhari Singh, who had been remanded to the jail custody had not been sent to Jail but was roaming about in the Ct. The learned Munsif-Mag at once called for a report from the Ct Sub-Inspector to whom he had handed over the accused with the custody war rant. He also called for a report from the jailor. The Ct Sub-Inspector reported that he had handed over the under-trial prisoner to Bhrl Vishwanath Prasad Varma & the latter in his report said that he had kept the under- trial prisoner in Ct-lock-up under the orders of the Sub-divisional Officer.

(3.) The learned Munsif-Mag, after consider ing the explanation of the Ct sub-Inspector, Bhrl Vishwanath Prasad Varma, took his state ment in open Ct on 3-8-1950 at about 12 hours. He was informed that even up to that date the under-trial constable Rasdhari had not yet been sent to Motihari Jail. The learned Munsif Mag was of opinion that the Ct Sub-Inspector Shri Vishwanath Prasad Varma, had intentionally flouted the orders of the Ct. He, however, reported the case to the Dist & Ses J. of Champaran for necessary action who has forwarded the matter to this Ct for appropriate action. This Ct issued the rule as mentioned above. The Ct Sub-Inspector as well as the Sub-divisional Officer have filed show-cause petns before this Ct. They both pleaded not guilty.