IMTIYAZ MURTAZA J. - (1.) PRESENT contempt petition has its genesis in the reference made by Km. Nisha Srivastava, Judicial Magistrate I Allahabad for initiating contempt proceeding under the Contempt of Court Act 1971 against Sri Dinesh Kumar and others for scandalizing the officer by lodging F.I.R which was registered at case crime No. 462 of 2009 under section 384 IPC P.S. Indrapuram District Ghaziabad.
(2.) IN reference made to this Court, the officer recapitulated the facts as under: On 8.3.2009, the officer left for Sonebhadra for her native place for Holi festival. It is alleged that on 13.3.2009 at about 10 a.m, a bunch of papers was thrown inside her house i.e. J-8 situated in judicial officer's colony known as Juhi Colony Rajapur, Allahabad. It is further alleged that her sister was at that time present at the house having returned to Allahabad on 13.3.2009 at 5 a.m. The sister, it is further alleged, untied the bunch of papers which consisted of photo copies of complaint made to Hon. Chief Justice, paper cuttings and F.I.R dated 28.2.2009 lodged at Ghaziabad naming one lady SO and the officer and one person (male) of Mahila Thana Allahabad. The complaint substantially mentioned that two ladies accompanied by one male had visited the complainant house on 22.2.2009 demanding illegal gratification to the extent of Rs. 2 lac from him in exchange for favour of expunging the case lodged at case crime No. 68 of 2007. The allegation further is that the Lady S.O gave her identity and conveyed to him that she had come in connection with investigation of the case. It is further alleged that when the complainant rang up the local police, both the ladies with accompanying male left the place. In her reference, the officer explained that 22.3.2009 being Sunday, and 23.3.2009 being also holiday on account of Shivratri, she was present at Allahabad and there was no occasion for her to have left the station and further that she had no acquaintance with Leena Srivastava the lady S.O. On the reference the office of this Court scripted a note in which it was opined that the act of Sri Dinesh Kumar complainant of District Ghaziabad falls within the ambit of Criminal Contempt of Court. The matter ultimately reached the end of Hon. Chief Justice who vide order dated 6.5.2009 referred it to the appropriate Bench on judicial side.
(3.) IT would transpire from the record that a criminal case was already pending against the complainant Dinesh Kumar at case crime No. 68 of 2007 registered at P.S. Mahila Thana Allahabad at the instance of the wife of younger brother of the complainant on 4.12.2007 under sections 498 A, 323, 504, 506, 406, 420, 376, 511 IPC and ¾ of the Dowry Prohibition Act. It brooks no dispute that the officer being posted at Allahabad as judicial Magistrate was seized of the matter. The police had submitted Final report in the case and after weighing up the materials on record in all its pros and cons, the officer passed the order dated 27.1.2009 whereby she did not accept the final report and directed the matter to be reinvestigated. It is in this backdrop that the complainant embroidered the story in order to lend colour to the contents in the F.I.R.;