MURLIDHAR MISHRA Vs. STATE OF U P
LAWS(ALL)-1994-10-46
HIGH COURT OF ALLAHABAD
Decided on October 31,1994

MURLIDHAR MISHRA Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) D. S. Sinha, J. Adhering to the well established and known practice of the Court, on Tuesday the 25th October, 1994 unlisted miscellaneous applications were taken up at 12 O'clock and disposed of by 12. 25 p. m. Some applications were rejected as there was no counsel or party present to press them. In two such applications Shri Murlidhar Mishra, Advocate was counsel for the applicant.
(2.) SOON after the Court resumed consideration of left over fresh petitions in seriatim, Shri Mishra appeared in court and, without seeking usual permission and in a very agitated manner, started making complaints about rejection of his applications. He was asked not to disturb the judicial proceedings that were going on and was advised that, conventionally, time for mentioning matter in court was after lunch at 1. 45 p. m. On this Shri Mishra exhibited great rage and virtually started shouting and insisted that the order rejecting his applications be recalled at once otherwise, he warned : He was told that court would not pass any order desired by him under threat or coercion and it would pass only such orders as were just and proper. He was requested to allow the judicial proceedings relating to other petitions to go on. This, in fact, led to another out burst by Shri Mishra. He exclaimed : He pointed to the desk in front of him and shouted :
(3.) SHRI Misra had completely lost his balance at that time. He wilfully and deliberately behaved contemptuously and obstructed the court from transacting its judi cial business. In deed, such a situation was created that court was compelled to rise without being able to transact any other judicial business that day. The manner in which Shri Misra had conducted himself clearly warranted action for contempt of court but exercising judicial restraint in the hope that better sense might prevail and keeping in view the larger interest of the administration of justice no proceedings for contempt were drawn against him.;


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