NITYA NAND SINGH Vs. SITARAM PRASAD

JUDGEMENT

(1.) The petitioner has filed the writ application praying for quashing of the order contained in An-nexure "2" to the writ application, whereby the Assistant Settlement Officer. KI-shanpur Camp, in the district of Dar-bhanga (respondent No. 1), has held the petitioner liable to be dealt with under Section 480 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the 'Code') and has sentenced him to pay a fine of rupees fifteen or, in default, to undergo simple imprisonment for seven days, under Section 228 of the Indian Penal Code. The petitioner has also filed an application in revision directed against an order of the Sessions Judge, Dar-bhanga passed in Criminal Revision No. 166 of 1971. As the questions involved in the two cases are, more or less, connected, they have been heard together with the consent of the parties and are being disposed of by this common judgment.

(2.) The facts giving rise to the writ application may be briefly stated thus:

(3.) On the 29th May. 1970. it is alleged that the petitioner acted in such a manner as to attract the provisions of Section 228 of the Indian Penal Code. The Assistant Settlement Officer, being of the view that he had power under Section 480 of the Code to proceed in the matter and to deal with the petitioner, who had committed contempt in the view or presence of a "Revenue Court", proceeded to draw up a proceeding against the petitioner. After examination; of the petitioner, the respondent Assistant Settlement Officer passed the impugned order holding that the petitioner was guilty of an offence punishable under Section 228 of the Indian Penal Code.