- (1.) In this petition, which has been filed by the State of Uttar Pradesh and Sri R.N. Chaturvedi, Additional District Magistrate, Agra (hereinafter referred to as Shri Chaturvedi) the principal prayer made is that a writ order or direction in the nature of prohibition be issued restraining the Civil Judge, Agra, from proceeding with the Case No. 222 of 1980 pending in his court and also restraining him from effecting personal attendance of Shri Chaturvedi.
(2.) Affidavits have been exchanged between the parties. The material facts which are relevant for the purposes of present writ petition and which have emerged from the affidavits are these. In suit No. 277 of 1977 instituted by Smt. Savitri Devi and others against the State of Uttar Pradesh and others a money decree in the sum of Rs. 11470/- was passed. Execution proceedings were initiated for the recovery of the said amount. Though an appeal had been preferred, yet no stay order had been granted by the appellate Court. On 21st October, 1980, the Civil Judge, issued a Parwana for the attachment of the vehicle in the charge of the Collector or Additional Collector for the satisfaction of the decretal amount. The Parwana was taken by Shri D.P. Singh, the Court Amin for the attachment of the vehicle. Shri Singh accompanied by Shri D.C. Bhargava, the pairokar of the plaintiff contacted Shri Chaturvedi in the District Magistrate's chambers and showed him the Parwana. The court Amin reported that Shri Chaturvedi had used derogatory language and also obstructed the execution of the decree. Thereupon, on 29th October, 1980, the Civil Judge Agra, issued a show cause notice to Shri Chaturvedi.
(3.) A true copy of the said show cause notice has been filed as Annexure 3 to the petition. Material contents of this notice are these. In the execution of the decree the Amin proceeded to seize the jeep of Shri Chaturvedi. As soon as the Amin assisted by tite pairokar of the decree holder reached the residence of Shri Chaturvedi he (Shri Chaturvedi) resisted the seizure in a defiant and angry mood and asserted. "You stupid (Pairokar of the D.H.) You got out from here. I will see who would venture to make the seizure of my car-I will get the Amin arrested". Shri Chaturvedi by obstructing the process of law not only committed an alleged offence of resistance or obstruction but also committed contempt of the court in so far as he undermined the authority of the Court. The penultimate paragraph of the notice is relevant and the same is being extracted :- "You are, therefore, directed to appear in person on 15th day of November, 1980, before this Court and to show cause as to why the criminal prosecution as well as contempt proceedings should not be launched against you.";