- (1.) THIS reference made to this Court relates to a contempt alleged to have been committed by one D. K. Dass Vidhi in the course of a case under Section 411, Indian Penal Code, which was pending in the Court of Sri R. C. Jain, Mun-sif-Magistrate, First Class, Meerut.
(2.) THE short facts of the case are that a criminal complaint was instituted by D. K. Dass Vidhi in the court of the Additional District Magistrate (Judicial), Meerut, on 27-9-1966, who transferred it to the court of the Judicial Officer, Ghaziabad, for disposal according to law. The case had a chequered history and was transferred from one court to another frequently on the applications for transfer made by the contemner himself. Besides these transfers, adjournments were also sought by him evidently with a view to procrastinating the proceedings. Ultimately the case was received in the court of Sri R. C. Jain, Munsif-Magistrate, Meerut, by transfer on 15-9-1970 and it was ordered to be put on the date fixed. On 16-2-1971 the case was repeatedly called out but none responded on behalf of the complainant. The accused along with his counsel was present and the Senior Public Prosecutor was asked to clarify as to whether the case was to proceed as a private complaint case or as a State case, as the title of the case had been differently mentioned at different stages. The Assistant Public Prosecutor vide his report dated 9-3-1971 submitted that the case was a private complaint case and as such he had no locus stand to appear for the complainant. The case was, therefore, adjourned for prosecution evidence, fixing 8-4-1971 for the purpose, In the meantime the Munsif-Magistrate sought a clarification from the Additional District Magistrate (Judicial) by a letter dated 204-1971 requesting him to indicate as to whether the case was to be prosecuted by a State counsel. Thereafter the complainant moved an application dated 30-4-1971 before the Additional District Magistrate {judicial) praying for the transfer of the case from the court of the Munsiff-Ma-gistrate. The learned Additional District Magistrate rejected the transfer application by his order dated 5-6-1971 and specifically ordered that the case would not be conducted by the Assistant Public Prosecutor inasmuch as it was not a State case, which description wrongly occurred at some places. The file was received back in the Court of the Mun-siff-Magistrate on 9-6-1971 and 3-8-1971 was fixed for the prosecution evidence and the complainant was directed to take steps for summoning the prosecution witnesses. Thereupon he again moved a transfer application, which had not been disposed of at the time when the present reference for contempt was made to this Court.
(3.) WHILE the above proceedings were pending in the Court of the Munsiff-Magis-trate, a new item appeared in a local news paper of Meerut, namely, "shoorvir" of which D, K. Dass Vidhi was admittedly the Editor. The article rendered into English runs as follows: Shree R, C. Jain under the influence of a woman. Secretary City Congress Committee, Meerut. MEERUT. It has come to light that a case State Versus Om Prakash Garg under Section 411 f P. S. Ghaziabad is pending in the Court of Sri R. C. Jain, Munsif Magistrate, Meerut. In this case Sri Jain did not demand any fee foi the service of summonses on prosecution witnesses in connection with the pairvi done by the State Pairokar. This shows that Sri Jain was discharging his duties honestly. From the side of accused Om Prakash, a lady went to the house of Sri Jain and met him secretly. She stayed there for the whole night. On the very next day, Sri Jain, as soon as he took his seat, acted against the law and demanded the fee. Instead of the Case State Versus Om Prakash, he entered another case D. K. Dass Vidhi Versus Om Prakash Garg in his diary, which amounted to the 'ontempt of Court. The higher authorities should make thorough enquiry in the matter and start a case under Section 228 against Sri R. C. Jain and that action may be taken against him after the enquiry. Prosecution Witnesses in the case State Versus Om Prakash under Section 411, P. S. Ghaziabad, in the Court of Musif Magistrate, Shri R. C. Jain Presiding Officer, S. D. M. (J) Meerut: D. K. Das Vidhi, Proprietor, Shankar Press, 221 Subhas Dwar, Ghaziabad". Formerly Sri Om Prakash, accused, had sent ladies to the place of the Magistrate. This case has been pending since 1965.;