DEVENDRA NARAYAN SINGH SON OF LATE VISHWANATH SINGH, RESIDENT OF VILLAGE RAMPUR SOHAN, P.S. GHOSHI, DISTRICT JEHANABAD, AT PRESENT POSTED AS CIRCLE INSPECTOR OF POLICE MASAUDHI, PATNA AFTER TRANSFER FROM FATUHA Vs. THE STATE OF BIHAR & ORS.

JUDGEMENT

(1.) THIS letters patent appeal is at the instance of Devendra Narayan Singh, who has been held guilty under the Contempt of Courts Act, 1971 (for short 'Act of 1971') for disrespect to the direction issued by the Single Judge and for causing interruption in the judicial proceedings (Criminal Misc. No. 2064 of 2008) and suffered a fine in the sum of Rs. 100/ - or to suffer simple imprisonment for two days in default. It transpires that a bail application - Criminal Misc. No. 2064 of 2008 (Mamta Kumari and Another vs. State of Bihar) came up for consideration before the Single Judge. In that bail application, the Single Judge directed to place before him the injury report of the injured in Fatuha P.S. Case No. 179 of 2003. The appellant, who was posted as Circle Inspector of Fatuha Circle forwarded carbon copy of the case diary to the Public Prosecutor. The Single Judge, prima facie, held the view that by forwarding carbon copy of the police diary, which was not required by the Court, a disrespect has been shown and that the Circle Inspector caused interruption in the disposal of the bail application. Consequently, the Single Judge vide order dated 23rd April, 2008 issued show cause notice to the appellant indicating therein as to why he be not directed to suffer an imprisonment of seven days for causing interruption in the disposal of the judicial proceedings. We deem it proper to reproduce the order dated 23rd April, 2008 as it is:

(2.) IN response, the contemnor (appellant herein) filed a show cause and denied any disrespect to the Court or that he caused any interruption in the disposal of the judicial proceedings.

(3.) THE Single Judge, while disposing of the bail application vide his order dated 14th August, 2008 held that there was disrespect to the direction of the Court. The Single Judge held that the Circle Inspector intentionally disobeyed the order of this Court and consequently directed him to pay a fine of Rs. 100/ - or to suffer simple imprisonment for two days. The part of the order that is under challenge reads thus :