IMTIYAZ MURTAZA,J. - (1.) PRESENT petition has its genesis in the reference made by Sri Praveen Kumar Tyagi, Judicial Magistrate Court No. 1 Kanpur Dehat dated 4.9.2008 with accompanying request to initiate contempt proceeding against Sant Prasad Misra, a practising advocate of Kanpur Dehat Judgeship. The aforesaid reference has been duly forwarded by the District Judge Kanpur Dehat vide letter dated 4.9.2008.
(2.) THE incident relates back to 29.8.2008 and it is stated in the reference made by the officer that on that day, an application for release of vehicle bearing registration No. UP 77 N 2083 detained in case crime No. 249 of 2008 under sections 279, 337 and 338 IPC at P.S. Gajner had been presented at about 2.30 pm. In the said case, the contemnor was appearing on behalf of the owner of the vehicle while from the other side Sri D.K. Shukla Asstt Prosecuting Officer had appeared. It is further stated that since registration papers relating to the offending vehicle were wanting, the matter was ordered to be put up on 2.9.2008 and in the meanwhile the police of police station Gajner, was asked to submit report in the matter. At about M while the officer was perforMing judicial function in the Court, the conteMnor entered the Court rooM shouting loudly and using vulgar expletives like "Saale, BadtaMeez, HaraMi" as a result of which the working of the Court was interrupted. When the conteMnor was reMinded of his duties as a lawyer, instead of sobering down, he further uttered the foul language stating "Saalon SaMajhte Kya Ho SaMpooran Kanpur Janpad Me Nyayik Karya Thappa Kar Doonga Tatha Kanpur Me Aag Lag Jayegi." It is further stated that the inteMperate behaviour of the conteMnor was recorded in the order sheet dated 29.8.2008. It is further stated that the wild utterances using foul language were shouted in the Court in the presence of Reader Sri Syed Sayeed AlaM Rizvi, Stenographer Sri Gayatri Prakash Yadav and Sri P.K. Shukla Asstt Prosecuting officer, Sri Maharajdeen Yadav Court Moharrir and Sri Mohd WaseeM and Sri Alok Shukla, class 4 eMployees. 3. After receipt of letter, the Matter was processed and put up before Hon AdMinistrative Judge Kanpur Dehat who passed the following order: "Seen. Lay before Appropriate Court"
(3.) THEREAFTER , the matter was put up before Hon C.J. who accorded approval for putting up the matter before appropriate Bench.;