RAVI KUMAR Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) By way of this revision, the petitioner Ravi Kumar has approached this Court being aggrieved of the order dated 23.06.2000 passed by the learned Additional Chief Judicial Magistrate, Sri Karanpur in Criminal Misc. Case No.74/2000, holding the petitioner liable for committing contempt of Court and while proceeding under Section 345 Cr.P.C., imposed upon him a fine of Rs.10/- and in default of payment of fine to further undergo 3 days simple imprisonment.

(2.) Facts in brief are that during proceedings of a Case No.262/1997, the trial court being the ACJM, Srikaranpur took note of the fact that the petitioner herein, asked the counsel Krishan Kumar to leave the Court purportedly because lawyers had called a strike. The trial court, thereupon initiated suo-motu proceedings under Section 345 Cr.P.C. and issued a show cause notice to the petitioner. The petitioner, filed a reply to the show cause notice. The reply was supported by an affidavit of the Advocate Krishan Kumar who swore in the affidavit that the petitioner simply told him that Shri Gopi Ram was calling him. He categorically stated in the affidavit that the petitioner did not ask him to leave the court. The trial court, ignored the above affidavit and by the impugned order dated 23.06.2000, proceeded to convict and sentence the petitioner as above in proceedings under Section 345 Cr.P.C.

(3.) I have heard the arguments advanced by Shri M.K. Garg, learned counsel representing the petitioner and have gone through the impugned order as well as the documents filed on record.