SCYADAV Vs. S P SETH

JUDGEMENT

(1.) -On 27th February, 1983, petitioner S. C. Yadav, an advocate of this Court, appearing for opposite party No. 2 in Caw No, 1917 of 1984 pending before respondent No. 1, Director of Consolidation, Bihar, Patna filed a transfer petition (Annexure-2) under instruction of his client stating that certain matters mentioned in the petition have created apprehension in the mind of the opposite party No. 2.

(2.) The respondent No. 1 recorded in his order sheet that while the hearing was being made with the sole purpose of stalling proceedings Shri S. C. Yadav, Advocate, moved a pre-typed petition casting certain allegations against this Court. This petition was moved in the middle of the hearing and with the sole purpose of stalling the proceedings. As such Shri S. C. Yadav had committed wilful contempt of this Court. He issued a notice under Section 345 Cr. P. C. calling upon him to show cause by 4-3-1985 as to why an order under Section 345 Cr. P. C. should not be passed against him (Annexure-3).

(3.) On 4-3-1985, the petitioner filed a petition for time stating that be would move the High Court against the order dated 27-2-1985. Rejecting his such prayer the respondent No. 1 held him" guilty of wilfully interrupting the proceeding of the Court on 27-2-1985" and also "guilty of having committed the contempt" of this court" and sentenced him to pay a fine of Rs. 200/- and in default, to undergo simple imprisonment for one month (Annexure-5). In his such order dated 4-3-1985 respondent No. 1 states that "the accused was detained by this Court on 27-2-1985 till the rising of the Court."