JUDGEMENT
A.S. Anand, J. -
(1.) The alleged contender -Ajay Kumar Pandey, a practising advocate, filed a criminal complaint against an Advocate Mr. Mahesh Giri and an Additional District Judge, Ms. Saroj Bala, then posted as VII Additional District Judge, Lucknow, Under Ss. 499 and 500 IPC, after first serving them with a notice demanding compensation for defaming him. The allegations made in that complaint are not relevant for our purpose. That complaint was dismissed on 16.11.1994. He thereafter filed a Criminal Revision in the High Court which was also dismissed by a learned single Judge of the High Court (Virendra Saran, J) on 15.2.1995. While dismissing the revision petition, the learned single Judge inter alia observed : -
"It is well settled that if the veiled object of a lame prosecution is to disgrace, humiliate or cause harassment to the accused, the High Court must put an end to the mischief by quashing such criminal proceedings. The facts on the record of the instant case give a horrendous account of a framed -up case against a responsible member of the lower judiciary holding the post of an Additional Sessions Judge at Lucknow....
It appears that the aim of the applicant is to malign the learned judge (Smt. Saroj Bala) and hold her at ranson. The applicant emphatically and repeatedly read out the lewd passages from his deposition while arguing the revision, but the palpably scurrilous, indecent and abominable recitals are not worth reproduction in the judgment. Suffice it to observe that the arguments of the applicant, so vehement and pungent, marked with sarcasm and sneer, do not impart any strength to his case which is inherently unbelievable. They are submissions directed more towards vilification than substantiation of the pivotal points of the case. I was constrained to ask the applicant not to make savage additions to the evidence and show restraint in his colloquy."
(2.) The alleged contemner, thereafter, filed Special Leave Petition (Crl.) Nos.819 -820 of 1996 against the judgment of Virendra Saran, J dated 15.2.1995.
(3.) It appears that the alleged contemner had filed another complaint on 12.9.1994 Under Ss. 500 and 504 IPC against seven advocates namely (1) Shri Prakash Narayan Awasthi (2) Shri R.P. Misra (3) Shri Vishambhar Singh (4) Shri T.N. Misra (5) Shri Srikant Verma (6) Shri Pankaj Sinha and (7) Shri N.C. Pradhan, in which it was alleged that those advocates had made defamatory imputations regarding the relationship between him and Ms. Saroj Bala, Add l. District Judge. In that complaint an application giving a list of 31 advocates for being summoned as witnesses was filed. That application was rejected by the Trial Court. He, therefore, filed Special Leave Petition (Crl.) No. 4114 of 1995 against that order.;
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