- (1.) THIS refer ence has come up before this Court for taking proceedings under the Contempt of courts Act on the basis of a letter dated 5-9-2005 of Shri Abdul Qayyum, Civil Judge (Junior Division)/ Judicial Magistrate, khaga, Fatehpur. The District Judge, fatehpur forwarded the said report to this court on 12-9-2005. The letter of Shri Abdul qayyum, Civil Judge (Junior Division)/judicial Magistrate, Khaga, Fatehpur reads as follows: (Vernacular matter omitted. . . . . . . . . Ed.)
(2.) ON the basis of the aforesaid report, joint Registrar (C and L) submitted a note on 10-10-2005 before the Registrar General of this Court which reads as under: "registrar General may like to refer the letter of Sri Abdul qayyum, Civil Judge (Junior Division)/judicial Magistrate, khaga, Fatehpur requesting to initiate contempt proceedings against sri Arun Kumar Yadav, Advocate, Fatehpur forwarded by the District Judge, Fatehpur. It is alleged that on 5-9-2005 Sri Arun kumar Yadav, Advocate moved an application to surrender Sri Chandra Pal alias badarda, s/o Sri Mathura, under various sections of Indian Penal Code. Against the aforesaid accused the Court has already issued process under Section 82, Cr. P. C. for the offence committed under various sections of Indian Penal Code. As the sections mentioned in the application and process under Section 82, Cr. P. C. were differed, the court asked a report from the police station concerned, fixing the next date for the disposal. At about 3. 45 p. m. when the Court was busy in dictating order in Original Suit no. 280 of 1990, Balraj v. Rangpal, the aforesaid Arun Kumar yadav entered in the Court room shouting and threatened the Presiding Officer. In this way Sri Yadav tried to interfere with the due course of judicial proceedings and obstructed the administration of justice. Criminal Contempt is defined under Sec. 2 (c) of the Contempt of Courts Act, 1971 which reads as follows: "2 (c) "criminal Contempt" means the publication (whether by words, spoken or written, or by signs or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which - i) Scandalizes or tends to scandalize, or lowers or tends to lower the authority of any court; or ii) Prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or iii) Interferes or tends to interfere with, or obstructs or tends to obstruct, the administration of justice in any other manner. " under Section 10 of the above Act, only the High Court has jurisdiction to take cognizance in respect of the contempt of Courts, subordinate to it. From the perusal of above provisions it is certain that above alleged actions of Sri arun Kumar Yadav, Advocate, is covered within the meaning of "criminal Contempt of Court". Moreover the matter is not time-barred and also cognizable by Hon'ble High court only. May if approved, the file be placed before hon'ble The Chief Justice for His Lordship's kind perusal and orders. (Mohd. Babar)I/c O. S. D. (Computers)19-10-2005. "
(3.) THE perusal of the letter of Shri Abdul qayyum and the report of the In-charge / o. S. D Computers shows that the allegations against Shri Arun Kumar Yadav, Advocate are that on 5-9-2005 he had moved a surrender application of Chandrapal alias badarda, s/o Sri Mathura, under various sections of Indian Penal Code. Since against the aforesaid accused the Court has already issued process under Section 82, Cr. P. C. for the offence committed under various sections of Indian Penal Code and as the sections mentioned in the application and process under Section 82, Cr. P. C. were differed, the Presiding Officer called for a report from the police station concerned, fixing 6-9-2005 for the disposal. At about 3. 45 p. m. same day when the Presiding Officer was dictating the order to his Stenographer in Original Suit No. 200/90, Balraj v. Rangpal, the contemnor Shri Arun Kumar yadav came inside the Court room shouting and said in loud voice. (Vernacular matter omitted. . . . . . . . . Ed.);