- (1.) Heard learned Counsel for the parties and perused the record.
(2.) The petitioner has preferred this writ petition for quashing the impugned order dated 25.1.2016 passed by respondent no.1- Advocate General, U.P. Allahabad whereby he has refused to grant permission for filing Contempt Petition under Section 15(2) of the Contempt of Courts Act, 1971 against respondent no.2, Sri Manoj Kumar Shukla, presently posted as Additional District & Sessions Judge, Court No.3, Jalaun at Orai.
(3.) The relevant findings recorded in the impugned order 25.1.2016 by the Advocate General read thus:- " After going through the said report, in my opinion it is crystal clear that the incident had not taken place in the manner as alleged in the present application and as such there is no relevant material on record to support the allegation as contained in the application. The applicant in order to substantiate his allegation has relied upon certain statements which are part of the inquiry report but the report itself is speaking against the applicant. The Special Officer (Vigilance ) in his detailed report has given clear finding that the act of the applicant is contemptuous and as such the proceeding for contempt of Court against the applicant and other advocates should be drawn. Further, the High Court of Allahabad has been pleased to issue contempt notices to the applicant. After considering the entire material as brought on record by the applicant I am of the view that PRIMA FACIE the allegation as contained in the application had already been exhaustively inquired into by Special Officer(Vigilance) High Court, Allahabad and were found untrue, moreover, the Special Officer (Vigilance) has only recommended the proceedings of Contempt against the applicant. There is nothing on record to show that Sri Manoj Kumar Shukla being Judicial Officer has continuously committed contempt of Court from the date of his joining. Accordingly, no case of criminal contempt is made out against the opposite party and permission for filing the contempt petition before the High Court is hereby refused.";