S.N.SAHAY, J. - (1.) The respondents Maheswar Nath Chaturvedi, Nand Kishore Upmanyu, Virendra Lavania and J. P. Gautam stand charged as follows :- "All of you, namely, S/Sri Maheshwar Nath Chaturvedi, Nand Kishore Upmanyu, Virendra Lavania, J. P. Gautam, are charged that on 21st Feb. 1994 at about 12.00 noon you entered into the court room of Sri P.S. Malhotra, II Additional Sessions Judge, Mathura, and asked him : "Why have you rejected the surrender application ?" The judge having told that since the aforesaid persons were not physically present in the court it was not possible to take them in custody. On this all of you became infuriated and aggressive and started hurling Filthy abuses on the aforesaid Sri P.S. Malhotra, and addressing the aforesaid Judge you said : "You want to be dictator. We shall not allow your dictatorship. You are encouraging corruption." Thereafter all of you abused naming mother and sister of the Judge. Apprehending violence the aforesaid Judge immediately rose up as it became impossible to continue judicial proceeding. All of you continued casting indiscriminately filthy abuses on the Judge naming his mother and sister when he was going to his chamber. All of you made vituperative remarks against the Judge and continued to hurl abuses even when the Judge retired in his chamber. Therefore, all of you have interfered with the due course of judicial proceeding of the court and have also scandalised and lowered the authority of the court and thereby have committed criminal contempt of the court punishable under the provisions of Contempt of Courts Act."
(2.) The respondents were directed to appear in person before this Court on 5-9-1994 and show cause why they should not he punished for committing criminal contempt of Court. All the four respondents have appeared before the Court and have filed their affidavits. They were present at the hearing of the matter and are represented by Sri Kesari Nath Tripathi and Sri S. V. Goswami.
(3.) Sri Kesari Nath Tripathi at the hearing urged that the respondents express regret for the whole incident and tender unqualified apology. He has submitted that respondents throw themselves at the mercy of the court. He has further stated that on the intervention of Hon'ble Administrative Judge work in the Civil Court at Mathura was resumed after the said incident which is now going on peacefully and smoothly and the relations between the Bench and Bar are cordial. He has also invited our attention to the fact that Sri P.S. Malhotra, learned Additional Sessions Judge, has himself sent a letter dated 20/07/1994, requesting the court to drop further proceedings in the matter so that peaceful and cordial relations with the Bar may be maintained. The relevant portion of the letter sent by Sri Malhotra is as follows : "After the incident, the circumstances have changed. The work of the court is going on peacefully in a cordial atmosphere. I am of the opinion that the relations with the Bar may again become strained, if any action is taken at this juncture." ;