RAJINDER NARAIN AND CO Vs. GANPAT RAI

JUDGEMENT

(1.) THIS is a complaint under section 3 of the Contempt of Courts Act by Shri S. R. Agrawal, Civil Judge, 2nd Class, and Magistrate 1st Class, Ambah, for taking action against Shri Gulzarilal, Shri Hardayal, Shri Atul Arvind Kamthan and Shri Devendra Tyagi (hereinafter called the respondents). All the four are Advocates practising at Ambah, within the judicial district of Bhind.

(2.) IT is alleged in the complaint that Shri Agrawal (hereinafter called the petitioner) has been a judicial officer since 14 December 1952 and has been the Civil Judge 2nd Class and Magistrate 1st Class at Ambah, since 14 June 1965. All the respondents are influential persons of Ambah town and Tahsil. The petitioner received copies of three complaints from the District Judge, Bhind, with a demi-official letter dated 13 July 1967. These copies have been filed along with the complaint. The first one is a complaint dated 22 June 1967 addressed to the High Court and the District Judge, Bhind, while the second is a complaint dated 11 July 1967 addressed to the District Judge, Bhind. (They will hereinafter be referred to as annexure 1 and annexure 2, respectively). The petitioner contends that in those complaints allegations of "dishonesty, unfair ne s, favouritism, misbehaviour and illegal judicial work" have been made against him, which allegations are per se defamatory; they further amount to contempt of Court, They contain allegations in respect of pending and disposed of cases. The allegations are: "Scandalous, unwarranted, defamatory, contemptuous and have been made relating to character, conduct and judicial and legal ability of the complainant and have been made to obstruct and interfere in the course of justice and due and proper administration of law for the personal motive of the accused persous". The petitioner further adds that:

(3.) BEFORE we deal with the question whether annexures I and 2 constitute oontempt of Court of Shri S. R. Agrawal, we would dispose of the other contentions first.