- (1.) In this appeal, impugned judgment and order dated 5.2.2010 passed by the High Court of Judicature at Allahabad in Contempt Application (Crl.) No. 15 of 2009, by which the appellant stood convicted for committing criminal contempt under the provisions of Contempt of Courts Act, 1971 (hereinafter referred to as the 'Act') and sentenced to undergo simple imprisonment for one month and to pay a fine of Rs.20,000/- and in default to undergo simple imprisonment for two weeks, has been assailed.
(2.) Facts and circumstances giving rise to this appeal are that: A. An FIR was lodged in P.S. Baleni, District Baghpat on 23.5.2008 by Anil Kumar, appellant in connected Criminal Appeal No. 686 of 2010 alleging that his younger brother Sunil Kumar alongwith Puneet Kumar Giri, who were residing in Sitaram Hostel of the Meerut College, were not traceable and went missing the previous evening. Another inmate of the same hostel Sudhir Kumar was also reported untraceable. The very next day, three dead bodies of the said missing persons were found on the banks of river Hindon. A criminal case was therefore registered. B. During investigation, it came to the notice of the police authorities that the place of occurrence fell within the territorial jurisdiction of P.S. Kotwali, Meerut, and thus investigation on being transferred to P.S. Kotwali, Meerut, the case was registered as Case Crime No.190/2008. C. During investigation, many accused persons including one Haji Izlal were arrested. They moved bail applications before the Meerut Distt. Court which stood rejected. Aggrieved, all the accused persons filed bail applications before the High Court of Allahabad. It was on 14.8.2009 during the pendency of the said applications that the appellant submitted an application to the Hon'ble Chief Justice of Allahabad High Court alleging that the accused therein were gangsters and had accumulated assets worth crores of rupees by their criminal activities. The accused persons were closely related to a local M.L.A. and Ex. M.P. and they had links with the Judges of the High Court including Mr. Justice S.K. Jain who had earlier served as a judicial officer in Meerut Court. The appellant expressed his apprehension that Mr. Justice S.K. Jain would favour the accused persons to get bail. A copy of the said complaint was also sent to the Chairman, Bar Council of U.P. D. The High Court examined the complaint and placed the matter on the judicial side on 12.11.2009. The court issued a show cause notice dated 14.8.2009 to the appellant as to why the criminal contempt proceedings be not initiated against him under the provisions of the Act. E. The appellant submitted an unconditional apology dated 21.11.2009 submitting that the application was sent by him as he had been misguided by the advocates of District Meerut and he was in great mental tension as his nephew had been murdered. F. The High Court after completing the trial convicted the appellant vide impugned judgment and order dated 5.2.2010 and awarded the sentence as referred to hereinabove. Hence, this appeal.
(3.) Mr. J.M. Sharma, learned senior counsel appearing for the appellant has submitted that the show cause notice was not in consonance with the provisions of Chapter XXXV-E, Rule 6 of the Allahabad High Court Rules, 1952 (hereinafter referred to as the Rules). Thus, all subsequent proceedings stood vitiated. More so, the appellant is a practicing advocate and had written the said complaint under a mental tension as his nephew had been murdered, and on being misguided by the advocates of the Meerut Court. Once the appellant has tendered an absolute and unconditional apology, punishment was not warranted and fine imposed therein is contrary to the statutory provisions of the Act. Thus, the appeal deserves to be allowed.;