BHEEM BAHADUR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision petition is directed against the judgment dated October 3, 1990, passed by the learned Additional Sessions Judge, Nohar, by which the learned Additional Sessions Judge convicted the present petitioner Under Section 228, I.P.C.

(2.) THE petitioner is working as a peon in the Court of the Additional Sessions Judge, Nohar. On October 5, 1990, the learned Additional Sessions Judge was sitting in his Court and was discharging his judicial functions. At that time, the petitioner entered in the Court dragging the sleeper and making noise. When he was asked by the learned Additional Sessions Judge how he was doing like that then the petitioner said that it was his habit and no Presiding Officer has, so far, objected in his doing so. The noise created by dragging the sleepers obstruction in the working of the Presiding Officer. This was done by the petitioner -accused in the presence of Khoob Chand, Mr. Yogi Kumar Advocate, Om Prakash, Mr. Moolchand Advocate, Vishamber Das Reader and Neki Ram, L.D.C., who were present in the Court at that time. The learned Additional Sessions Judge treated this action of the accused -petitioner as obstruction in the discharge of his judicial working and he, therefore, took cognizance against the petitioner Under Section 228, I.P.C. and when the accused -petitioner appeared before him, the learned Additional Sessions Judge staid the particulars of the offence to him. The learned Additional Sessions Judge, thereafter, convicted the petitioner Under Section 228, I.P.C., treating the statement made by the petitioner as the plea of guilt.

(3.) IT is contended on behalf of the petitioner that the petitioner never pleaded guilty and the learned lower Court has convicted the petitioner without his plea of guilt. The learned Counsel for the petitioner has, also, submitted that no offence Under Section 228, I.P.C. has been made -out against the petitioner in the instant case. The learned Public Prosecutor, on the other hand, has supported the judgment passed by the learned Additional Sessions Judge.