- (1.) Sri Jai Ram Verma, Additional District & Sessions Judge, Court No.7, Etah sent a Reference dated 24.09.2004 with regard to conduct of Mahipal Singh Rana, Advocate(hereinafter referred to as 'Contemnor') shown on 23.09.2004 in Civil Revision No. 45 of 2003, Smt. Jalebshri Vs. Smt. Gyanshri, which according to him amounts to "criminal contempt" as defined in Section 2(c) of the Contempt of Courts Act, 1971(hereinafter referred to as 'Act, 1971') The Reference has been forwarded by Sri Vikram Jeet Singh, District Judge, Etah vide letter dated 25.09.2004 and has been registered pursuant thereto.
(2.) This Court framed following charge against Contemnor by order dated 11.01.2005: "That you Sri Mahi Pal Singh Rana, Advocate on 23.9.2004 in a case, Civil Revision No.45/2003 Smt. Jalebshree Vs. Smt. Gyanshree, which was fixed for argument in which the revisionist was represented by you as an Advocate, appeared in the Court of Shri Jai Ram Verma, the Additional District & Sessions Judge, Etah, who was busy in disposal of other cases. You started shouting loudly telling him that you will not do work in the Court of corrupt Judge and will get all your cases transferred from his Court. Saying this you walked out from the Court and did not return to do the case. The aforesaid act done by you and the statement made by you scandalized the Court, obstructed the work and lowered the authority of the Court and thereby you have committed criminal contempt as defined under Section 2(c) and punishable under the Contempt of Courts Act 1971."
(3.) Consequent to the issuance of notice, Contemnor appeared and filed counter affidavit, sworn on 19.01.2005. The defence taken by Contemnor is, complete denial of visiting the Court of Sri Jai Ram Verma, Additional District Judge, Court No.7, Etah on 23.09.2004, alleging that the order sheet has been manipulated to implicate Contemnor falsely. On that date Sri Lok Pratap Singh, Advocate, junior of Contemnor actually went to the Court and since the matter was adjourned, noted the date and came back. He has also said that rest of things are false.;