P.L.Bhargava, J. - (1.) This is an application in revision, which is directed against an order, dated 3-11-1950, made by a Magistrate of the first class of Pargana Rath, in the district of Hamirpur, and confirmed on appeal by the learned Sessions Judge of Hamirpur. The facts and circumstances which have given rise to this revision are these :
(2.) As against the applicant, Ramnath, and certain other person, proceedings under Section 107, Criminal P. C., were pending in the Court of the Magistrate. In connection with the said proceedings, the applicant appeared in the Magistrate's Court. It is said that when the applicant appeared before the Court he was "badly drunk and could not control himself" and that "he was talking irrelevant thereby causing insult and interruption to the Court's work." The Magistrate being of the opinion that the applicant had by his conduct and behaviour committed contempt of Court, punishable under Section 228, Penal Code, took cognizance of the offence under Section 480, Criminal P. C. He immediately served upon the applicant a notice calling upon him to show cause, why proceedings for contempt of Court, be not taken against him. In the notice, it was stated that the applicant had appeared in Court in connection with the case of Dhaniram v. Bamnath, under Section 107, Criminal P. C., and that he was badly drunk and talked irrelevant causing insult and interruption in Court. In reply to the notice, the applicant filed a writtten statement, saying that he had intentionally committed no wrong and that if he had committed any mistake, he might be excused. The Magistrate recorded the statement of the applicant, wherein he denied being drunk and his having uttered anything irrelevant. There is nothing else on the record, besides the order passed by the Magistrate.
(3.) In the order which is on the record, the Magistrate has stated : "Ramnath .... appeared today in my Court as a accused in the case, Dhaniram v. Ramnath under Section 107, Criminal P. C. He was badly drunk and could not control himself. He was talking irrelevant thereby causing insult and interruption to the Court's work." Thereafter the learned Magistrate has stated that he took cognizance of the offence, called upon the applicant to show cause and ho denied being drunk. Then he has observed : "I am fully satisfied from his talk, way of walking and the smell coming from his mouth from a distance that ha is badly drunk. He also interrupted the Court's work and also caused insult by his irrelevant and out of the point talk.";