MANGI LAL Vs. HAR SAHAI

JUDGEMENT

(1.) AN FIR No. 269/85 was lodged at Police Station Rajgarh, District Alwar against Mangi Lal Saini, hereinafter referred to as the 'petitioner' under Section 379/411, IPC. The petition was granted anticipatory bail by this court vide its order dated 8 -1 -1986. Inspite of the fact that anticipatory bail was granted to the petitioner by this Court, he was arrested by Harpal, Investigating Officer on 13 -1 -1986 and was produced before the Special Judicial Magistrate (Mobile) Ist Class, Rajgarh, Camp Laxmangarh (Alwar) on 14 -1 -1986. The police sought remand for 15 days for accused Mangilal (petitioner). The Magistrate, while considering the application for remand had seen the original diary of the case and came across a certified copy of the order passed by this Court which was there. It was noted in the case diary that it was not original order, the Magistrate granted bail to the petitioner and issued notice to the Station House Officer, Police Station Rajgarh to show cause as to why inspite of the order of this Court, petitioner was arrested. In pursuance of the notice issued by the Judicial Magistrate, Rajgarh. Har Sahai, Station House Officer, P.S. Rajgarh filed a reply, and after perusal of the reply filed by Har Sahai, the notice was also issued to Harpal, Investigating Officer and he was directed to file the reply of the notice on 8 -2 -1986. Notice could not be served on Harpal on several dates of hearing and therefore, notice had to be issued several times. Ultimately, he appeared in the court and filed a reply to the notice on 9 -5 -1986 and sought time to file some more documents in support of the reply. The matter was adjourned on several dates of hearing and ultimately on 20th September, 1986, petitioner informed the Magistrate that be had started proceeding for contempt in this Court, therefore, no further action was taken by the Magistrate, and decision of this Court, is awaited.

(2.) THE present petition was filed before this court on 23 -9 -1986, and it was placed before Hon'ble Mr. Justice M.B. Sharma who had granted anticipatory bail to petitioner on 8 -1 -1986, who issued notice to Har Sahai Meena, Station House Officer, Police Station Rajgarh, and Harpal, A.S.I, at why they should not be punished for disobeying the orders of this Court, and thereby committing contempt of this court. The case was ordered to be listed for filing the reply on 20th October, 1986. Both the contemners appeared through their counsel and sought time to file the reply. Har Sahai was directed to keep the Rozramcha dated 13 -1 -1986 of P.S., Rajgarh, ready for perusal of the Court. On 10 -11 -1986, learned Single Judge, (Hon'ble M.B. Sharma, J.) after hearing the parties, ordered that the file may be placed before Hon'ble the Chief Justice for constituting a division bench to initiate contempt proceedings and to take proper action so that such instances are not repeated and majesty of law is maintained Hon'ble the Chief Justice ordered that the case be listed before the division bench (criminal) according to roster.

(3.) THE petitioner filed some additional affidavits dated 17 -12 -1986 and 19 -1 -1987 and the contemners were given time to file reply of those affidavits, if they so liked. The contemners filed some additional reply and affidavits as also some documents. After hearing submissions of the learned Counsel for the parties, we thought it proper that opinion of the Director, State Forensic Science Laboratory, Jaipur, should be sought regarding the alleged addition, alteration and interpolations in the Roznamcha dated 13 -1 -1986, particularly. Entry at No. 440. After receipt of the report from the State Forensic Science Laboratory, the contemners were given further opportunity and they were heard at length again.