DISTRICT AND SESSIONS JUDGE MANDI Vs. NAWAL THAKUR

JUDGEMENT

(1.) On a reference made by the District and Sessions Judge, Mandi, Kullu and Lauhal and Spiti Districts at Mandi, through letter of 19/12/1991 addressed to the Registrar of this Court, the present proceedings were initiated against respondent Nawal Thakur of village Bhutti in Tehsil and District Kullu (H.P.). The reference of the District and Sessions Judge is one under Sec. 15(2) of the Contempt of Courts Act, 1971. The District and Sessions Judge had been requested by the Additional Chief Judicial Magistrate, Kullu, through his letter of 8/11/1991 to make a reference to this Court.

(2.) Nawal Kishore instituted a criminal complaint No. 375/1 of 1991 against S/Shri Shanta Kumar (at present the Chief Minister of Himachal Pradesh), Maheshwar Singh son of Mohinder Singh, Rupi Palace, Kullu and Roop Singh (the then Forest Minister, Himachal Pradesh) under Sections 120-B/379/447/420/427/395/109, I.P.C. on 28/08/1991. He filed another complaint the next day, namely, on 29/08/1991 against S/Shri Shanta Kumar (Chief Minister of H.P.) and Maheshwar Singh son of Shri Mohinder Singh, Rupi Palace, Kullu, under Sections 397/447/109/34, I.P.C. The complaints were presented before the Additional Chief Judicial Magistrate who, after recording the fact of their presentation before him, directed that they be put up before the Chief Judicial Magistrate, Kullu, on 5/09/1991 as both the complaints pertained to Police Station Kullu. The Chief Judicial Magistrate assigned both the complaints to the Additional Chief Judicial Magistrate on 5/09/1991 for disposal in accordance with law. A prayer for adjournment was made before the Additional Chief Judicial Magistrate when the complaints were taken up by him on 7/09/1991. They were adjourned to 18/09/1991. On that date a prayer for adjournment was again made by the complainant on the ground that he had moved the Additional Sessions Judge, Kullu, with a petition. The Additional Chief Judicial Magistrate directed that the complainant should either obtain a stay order or else the case will be proceeded with for which 30/09/1991 was fixed. The complainant asked for adjournment of the case on 30/09/1991 also on the ground that the application moved by him had been fixed by the Additional Sessions Judge, Kullu, for consideration on 9/10/1991. The cases were adjourned to 28/10/1991 on which date the complainant did not turn-up in spite of the cases having been called out thrice.

(3.) Meanwhile, on 10/10/1991 yet another complaint was filed by Nawal Thakur against S/Shri Shanta Kumar (Chief Minister of Himachal Pradesh) and Maheshwar Singh son of Shri Mohinder Singh, Rupi Palace, Kullu, under Sections 295/295-A/420, I.P.C. This complaint was disposed of by the Additional Chief Judicial Magistrate, Kullu, to whom it was assigned by the Chief Judicial Magistrate, Kullu, on 10/10/1991 itself, by a detailed speaking order of 21/10/1991 after hearing the complainant but without recording his statement and the statements of the witnesses named in the list. Towards the end of his order the learned Addl. Chief Judicial Magistrate, Kullu, observed that :