BRIJVALLABH Vs. A R KHAN

JUDGEMENT

(1.) THIS is an application for contempt of court by 'brijvallabh against Shri Abdul rashid Khan, Superintendent of Police, Special Police Establishment, Government of India, Jaipur.

(2.) THE facts of the case are not in dispute. It appears that one Sub-Inspector lalchand is working under the opposite party. The applicant filed a complaint under section 500 of the Indian Penal Code against Sub-Inspector Lalchand in the court of Magistrate First Class, Kanod. Summons was issued by that court for the appearance of Sub-Inspector Lalchand and the date fixed was 21-11-1957. The summons was sent in accordance with section 72 (i) of the Code of Criminal procedure to the opposite party for service on his subordinate. The opposite party returned the summons unserved on the ground mat Sub-Inspector Lalchand was busy with investigation of some important case and, therefore, service could not be effected on him on account of his preoccupation. It was also requested that some other date in January 1958 be kindly fixed for the appearance of Sub- inspector Lalchand.

(3.) THE applicant contends that this amounted to contempt or court inasmuch as it obstructed the administration of justice, as the opposite party did not serve the summons as he should have done on his subordinate.