- (1.) DEV Kant Trivedi, J. Heard the learned Counsel for the petitioner Kailash Yadav alias Kailash Singh against whom an order dated 6th July, 1998 was passed by learned Chief Judicial Magistrate, Barabanki, whereby Superintendent of Police Barabanki was directed to deduct the salary of the petitioner for one month and he may be directed to show cause as to why a reference be not made for commit ting contempt of Court.
(2.) IT is urged on behalf of the petitioner that he was not served with the summons of the case and, therefore, he could not appear in the Court of learned Chief Judicial Magistrate and that he has always been willing and ready to appear in the said Court. IT is further urged on behalf of the petitioner that the direction to deduct the salary is beyond the powers of the Court of C. J. M. and it was not to open him to pass such an order. There seems to be some substance in what is urged on behalf of the petition. If the petitioner had not appeared in the Court in compliance of the summons, it was open to the learned C. J. M. to issue coercive process against the petitioner who was an accused for an offence under Sections 323/432/328/504/506 of the I. P. C. In view of what has been stated above, the order dated 6th July, 1998 is liable to be quashed. The order dated 6th July, 1998 directing the deduction of the salary of the petitioner by the Superinten dent of Police and the direction to show cause are hereby quashed. The petitioner is accordingly allowed with the direction to the petitioner that he will appear before the Court of learned Chief Judicial Magistrate on 27th of May, 1999 and in case of his default in appearing on the said date it will be open to the learned C. J. M. the trial Court to issue coercive process against the petitioner. Till 27th May, 1999, no coercive process will be issued against the petitioner. The stay order dated 16th December, 1998 is hereby vacated. Petition allowed. .;