STATE OF BIHAR Vs. RAJ KUMAR GUPTA

JUDGEMENT

(1.) Heard learned Counsel for the State and learned Counsel for the contemnor who is also present in person in the light of earlier orders of this Court.

(2.) On behalf of the State, learned Counsel has submitted that the materials on record including the report called for by this Court from the concerned Munsif show that in course of hearing of Title Suit No. 39/1999 pending before Munsif, Manjhaul, Begusarai, on 11.5.2009 the contemnor used offending words in open Court in presence of a large number of counsels only because in the capacity of a defendant in the Suit he had an apprehension that the Court is inclined towards the plaintiff of the case.

(3.) On behalf of the contemnor it has been submitted that copies of relevant documents called for by this Court are available on record and disclose that in the enquiry for initiating contempt proceeding, the learned Munsif has recorded that the contemnor appeared and apologized for his actions and did not dispute the occurrence, rather explained that on account of utterances by the other party, he had lost his balance and made utterances which he did not intend. The Munsif on account of such admission closed the enquiry and submitted his report to the learned District & Sessions Judge.