SHITLA PRASAD MISHRA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This Full Bench of three Judges has been constituted by the order of Hon'ble the Acting Chief Justice dated 13-1-2003. The matter relates to contempt of Court proceedings drawn on 7-5-1999 against 23 lawyers of District Court, Allahabad, namely, S/Sri Shitla Prasad Mishra, Advocate, Rakesh Kumar Srivastava, Advocate, Kamlesh Chaturvedi, Advocate, Lakshmi Kant Tripathi, Advocate, Ram Chandra Sharma, Advocate, O.P. Dwivedi; Advocate, Krishna Kumar Mishra alias Balram Guru, Advocate, Pramod Kumar Srivastava, Advocate, Shashi Tewari, Advocate, Dilip Mishra, Advocate, Hari Sagar Mishra, Advocate, Rajesh Kumar Tewari, Advocate, Arun Kumar Tripathi, Advocate, Arvind Kumar Tripathi, Advocate, Maliq Siddiqui, Advocate, Laxmi Kant Tripathi, Advocate, Shiv Sewak Ram Dwivedi, Advocate, Rajendra Kumar Mishra, Advocate, Rajendra Prasad Mishra, Sachin Srivastava, Advocate, Nathu Ram, Advocate and Anil Tewari, Advocate.

(2.) The contempt of Court proceedings arose in connection with very serious incidents, which happened in District Court, Allahabad on 1-5-1999, 3-5-1999 and 4-5-1999. The details of the incidents are given in the report of the Registrar of this Court dated 6-5-1999 which was submitted to Hon'ble the Chief Justice. In that report it was mentioned that an Advocate Sri Sudhir Kumar Jaiswal met with an accident on 29-4-1999 and was taken to "Ganga Memorial Nursing Home, Kutchery Road, Allahabad" which is run by Dr. O. P. Gupta. It appears that there were some altercations between Dr. O.P. Gupta and the lawyers who came with Sri Sudhir Kumar Jaiswal as a result of which an F. I. R. was lodged vide case Crime No. 478 of 1999, under Ss. 323 and 506 I.P.C. at Police Station colonelganj, Allahabad against Dr. Gupta who was taken into custody on 30-4-1999. It is alleged that the lawyers were agitated and stated that they would oppose the bail application of Dr. O. P. Gupta, which was to be heard on 1-5-1999.

(3.) On 2-5-1999 (Sunday) an application was moved on behalf of Dr. O.P. Gupta that he is a heart patient and his bail application be heard expeditiously as the offence was under S. 323 I.P.C. The bail application was heard and disposed of by Sri Dulare Lal Srivastava, Special Chief Judicial Magistrate, Allahabad. Sri Dulare Lal Srivastava, after hearing the counsel for the parties, granted bail to Dr. O.P. Gupta on 2-5-1999.