Sudhir Agarwal, J. - (1.) Shri Alok Pandey, Chief Judicial Magistrate, Allahabad sent a Complaint/Reference vide letter dated 12.12.2012, alleging that contemnor Rakesh Tiwari, Advocate on 21.12.2012, during lunch when aforesaid judicial officer was retiring in his chamber, entered the chamber alongwith 2 -3 junior advocates, without seeking permission and started using abusive language besides attempting to slap and said that he (the Presiding Officer) was required to pass order for registering F.I.R. but he did not listen and will have to face severe consequences. The contents of reference letter are reproduced as under: "With due respect, it is submitted that on this 22.12.2012, I alongwith Ld. District Judge went to inspect Central Jail, Naini, Allahabad and returned around 1:15 p.m. During lunch time, I was sitting in my retiring room, all of a sudden Shri Rakesh Tiwari, Advocate alongwith his 2 -3 junior advocates entered my retiring room and raised his hand to slap me while abusing me targeting my mother and sister and said, "I had asked you to pass an order for registration of F.I.R. You did not listen to me. It will have a very bad ending." I was stunned with this sudden state of affairs and proceeded towards the retiring room of Ld. District Judge leaving my retiring room with immediate effect. It is pertinent to mention that in Miscellaneous Application No. 1747/XII/2012: Akhilesh Kumar Shukla v/s. Harsh Vardhan Singh alias Baddu and others filed under Sec. 156(3), Cr.P.C., Shri Rakesh Tiwari, Advocate was pressurizing me for passing an order for registration of F.I.R. but I had on 18.12.2012 while disposing the said application on merits I passed an order for registration of application as complaint case. On 19.12.2012 and 20.12.2012, I was on casual leave. Hence, they caused the said incident with me today. Hence, an application is being submitted by me against Shri Rakesh Tiwari for initiating proceedings for contempt of court and misbehavior with me. Kindly place the same before the Hon'ble Competent Court for appropriate order." (English Translation by Court) District Judge, Allahabad forwarded the said Reference vide order dated 22.12.2012 where -after matter was registered and placed before the court having determination of criminal contempt. On 29th August, 2013, a Division Bench considered the matter, and being prima facie satisfied that a case of criminal contempt has been made out, issued notice to contemnor -Rakesh Tiwari. Process returned with Report dated 30.9.2013, stating that contemnor after reading notice, returned the same, stating that his name is 'Rakesh Kumar Tiwari' and not 'Rakesh Tiwari'.
(2.) This Court vide order dated 7.10.2013 directed District Judge, Allahabad to find out the name of correct person after verifying record of Miscellaneous Application No. 1747/XII/2012, Akhilesh Kumar Shukla v/s. Harsh Vardhan Singh alias Baddu and others, filed under Sec. 156(3), Cr.P.C. and also after verification from Shri Alok Pandey, the then Chief Judicial Magistrate, Allahabad, who made the Reference. Consequently, District Judge, Allahabad submitted report dated 24.10.2013 pointing out that from vakalatnama filed in aforesaid case, subsequently registered as Complaint Case No. 1919 of 2013, Akhilesh Kumar Shukla v/s. Harsh Vardhan Singh, there appeared two Advocates, i.e., R.K. Tiwari and Smt. Saumya Tiwari, and their enrolments No. are U.P. 4498/87 and 05308/2011, respectively. Thereafter, verification was made and it was found that contemnor's Registration No. is U.P. 4498 of 1987. Consequently, a notice was served upon him on 2.11.2013. The District Judge submitted report vide Letter dated 6/7.11.2013 verifying service of notice upon contemnor.
(3.) On 11.11.2013, contemnor -Rakesh Tiwari appeared before the court and submitted that he has not received copy of reference and other supporting documents. The court passed order to supply the same to contemnor within two weeks. The said documents were supplied to contemnor as is evident from Office Report dated 25.11.2013. On 26.11.2013 and 9.12.2013, contemnor appeared in person and sought time to file reply, which was allowed. A reply by way of an affidavit, sworn on 18.12.2013, was filed by contemnor, admitting that he appeared as a counsel in Miscellaneous Application No. 1747/XII/2012 subsequently registered as Complaint Case No. 1919 of 2013, Akhilesh Kumar Shukla v/s. Harsh Vardhan Singh alias Baddu and others, under Ss. 419, 420, 467, 468, 471 and 408, I.P.C., Police Station -Colonelganj, Allahabad. The application was heard on 30.10.2012 and 8.11.2012 was the date fixed for order. On 8.11.2012, contemnor saw that one of opposite party, namely, Shri Sharad Tandon, General Manager, District Industries Centre, Allahabad was seen in conversation with Chief Judicial Magistrate in his chamber, hence, he had no hope of justice from that court and proposed to file an application for transfer before District Judge, Allahabad, therefore, no order should be passed on his application. The contemnor moved an application dated 8.11.2012 before Chief Judicial Magistrate, requesting him not to pronounce the order which was ready by him. The C.J.M. kept the application with him stating that he shall not pronounce the order. However, subsequently, contemnor came to know that order was pronounced by Presiding Officer, directing to register application filed under Sec. 156(3), Cr.P.C. as complaint case, fixing 23.12.2012 for recording statement of complainant under Sec. 200, Cr.P.C.;