S.S. Tiwari, J. - (1.) THE contempt proceeding in hand has its genesis in the Reference dated 13.7.2007 made by Sri. Ravindra Kumar II, Civil Judge (S.D.) Kanpur Nagar duly forwarded by the District Judge, Kanpur Nagar dated 13.7.2007 whereby the officer has referred the matter to this Court for initiation of contempt proceeding against Manoj Nigam, advocate, Civil Courts, Kanpur Nagar.
(2.) IT would transpire from the reference made to this Court that on 11.7.2007, while the litigant namely Mohiuddin Khusro was present in the Court presided over by Sri. Ravindra Kumar II Civil Judge (S.D.), Kanpur Nagar, in connection with Misc. Cases Nos. 5/74/2004, Aslam v. Mohiuddin Khusro, 17/174/2005 Aslam v. Mohiuddin Khusro and 75/70/1983, Aslam v. Mohiuddin Khusro, between 2.30 and 3 p.m. when the Court had passed orders on adjournment application in Original Misc. Case No. 75/70/83 and had passed on the papers to Reader to get the notice served to Mohiuddin Khusro as he was present and while the Court was busy hearing other cases, the officer heard sound of someone being slapped and when he paid attention to what was happening in Court he saw the contemnor slapping litigant Mohiuddin Khusro. It is stated that the contemnor gave two slaps on the face of litigant aforesaid in front of him. It is further stated that the officer called on both the contemnor and the litigant to come forward. When the Court queried the contemnor why he slapped the litigant he explained that he was using derogatory language. It is further stated that the occurrence was witnessed besides him, by the Reader as also the steno who were present in the Court. The incident as occurred, it is further stated, has been noted down on the file of Original Misc. Case No. 75/70/83, Aslam Parvez v. U.P. Sunni Central Wakf Board and the matter was renumbered as Misc. Case No. 182/74/07. On 10.9.2009 the Administrative Judge passed a detailed order upon which file was laid before Hon'ble Chief Justice on which the order dated 11.9.2009 was passed directing to post the matter before the Court assigned with the jurisdiction.
(3.) UPON the report of Administrative Judge, in which delay of about one and half year was pointed out in processing the file, query was made from the office for the causative factor of delay upon which the Registrar General explained that the file was returned on 28.8.2009 without any order from the end of the then Administrative Judge.;