D.N. Upadhyay, J. - (1.) IT reveals that a suo motu contempt proceeding was initiated against Shree Prakash Singh @ Shree Babu and his son Shekhar Singh for not complying the order dated 31.10.2012 passed in W.P.(Cr.) No. 230 of 2011. They were directed to produce three children for which search warrant was also issued. The contemnor, Shree Prakash Singh @ Shree Babu and his son Shekhar Singh were directed to comply the order, but instead of obeying the court's order, they remain absent. Both the above contemnors were directed to appear before the Court for which notices have been issued. Today one of the contemnors Shree Prakash Singh @ Shree Babu has filed a show cause through his counsel stating therein that children are not with him and therefore he is unable to comply the order. It transpires that contemnor Shree Prakash Singh @ Shree Babu is not present physically in Court today though notice was issued. Before considering the contention made in the show cause, I think that physical appearance of Shree Prakash Singh @ Shree Babu is essential to proceed with the contempt proceeding for which he is directed to remain physically present before this Court on 4.1.2013, failing which warrant of arrest non -bailable shall be issued against him.
(2.) ANOTHER contemnor, Shekhar Singh who happens to be son of Shree Prakash Singh @ Shree Babu is absent and he did not appear either in person or through his counsel. It is needless to say that on earlier occasion in course of hearing of W.P.(Cr.) No. 230 of 2011, both Shekhar Singh and his father Shree Prakash Singh @ Shree Babu had appeared together and therefore it is presumed that initiation of contempt proceeding is also communicated to him by his father Shree Prakash Singh @ Shree Babu. This is another height that a contemnor knowing full well that contempt proceeding has been initiated against them, are evading their appearance before the highest Court of State. I have already observed in the contempt proceeding that the contemnors are flouting the Court's order and they are thinking that they are above the law and they can do anything which they want. To some extent it is apparent from their conduct and behaviour which have been noticed by this Court during earlier hearing and appearance of those two persons with their family. This Court takes serious view of the matter and warrant of arrest non -bailable against Shekhar Singh is directed to be issued and the warrant of arrest so issued must be executed at the instance of the D.G.P., Maharashtra as well as the D.G.P., Bihar. If Shekhar Singh is found within the State of Maharashtra or the State of Bihar, the concerned D.G.P. is directed to take all steps positively to find out such a person who has no regard for the law of land.
(3.) THE Registrar General shall take all steps for issuance of warrant of arrest non -bailable against Shekhar Singh. The issuance of warrant of arrest shall also be communicated by the D.G.P., Jharkhand to the concerned D.G.P. within three days from the date of issuance of warrant of arrest.;