RAJESHWAR SINGH Vs. AMIT KALYAN

JUDGEMENT

(1.) Invoking Section 10 of the Contempt of Courts Act, 1971 (for short, 'Act of 1971'), Mr. Rajeshwar Singh, a Judicial Officer in the cadre of Chief Judicial Magistrate, while working at Hanumangarh, addressed a letter to this Court for initiating proceedings for Criminal Contempt against the non-petitioners/contemnors. Taking cognizance of the letter and the contents thereof, the Division Bench of this Court initiated contempt proceedings by order dated 28th of October 2009 and the non-petitioners were issued notices. Thereafter, on 4th of January 2010, the contemnors were directed to appear in person before the Court on 18th of January 2010.

(2.) In the letter addressed to this Court, the petitioner/complainant Mr. Rajeshwar Singh has narrated a checkered history about a criminal complaint filed by the first non-petitioner under Section 3(x) of the Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 read with Section 109, 114, 294, 509, 120B, Indian Penal Code against the feature film "Delhi-6", by arraying Rakesh Omprakash Mehra and other artists, and producer of the film as accused persons.

(3.) The case of the first contemnor-non-petitioner in the said complaint was pleaded by his counsel second non-petitioner Mr. Vishnu Kumar Sharma, Advocate. As per the contents of the letter, the complainant-petitioner made all endeavor to process the criminal complaint by asking the counsel for the first non-petitioner to get the statements of the complainant and other witnesses recorded under Section 200 read with Section 202, Code of Criminal Procedure 1973, but his efforts failed as the counsel Mr. Vishnu Kumar Sharma declined to get the said statements recorded. According to the complainant, the counsel was not keen for taking recourse to Sections 202 & 202 Cr.P.C. and therefore, insisted before the Court/him to order registration of FIR against the persons named as accused in the complaint.