M K ACHARYA ADDITIONAL DISTRICT MAGISTRATE Vs. REVASHANKAR NARBADAPRASAD

JUDGEMENT

(1.) THE facts giving rise to the present proceedings for contempt have been discussed in the judgment of this Court prior to remand by the Hon'ble the supreme Court and in the judgment of their Lordships of the Supreme Court remanding the same to this Court. They may briefly be stated again for the purpose of this judgment as under :

(2.) ONE Gangaram, who is the husband of Chandramukhibai stated to be the landlord of the opponent Revashankar filed a suit against the latter in the Court of additional City Civil Judge, Indore, No. 1383 of 1952 for ejectment and arrears of rent. The suit was said to be in the name of both Gangaram and his wife chandramukhibai. In this suit one Mr. Umashankar Chaturvedi appeared on behalf of Gangaram. It was alleged that Chandramukhibai had not in fact signed the plaint filed by gangaram but Gangaram under the advice of his lawyer signed the plaint in the name of his wife. Chandramukhibai is said to have submitted an application against Gangaram in this suit for the prosecution of her husband for this act of foregery on his part. Another application was filed by certain other persons said to be other tenants of Gangaram in which some allegations were made against rewashankar. On 29-6-1953 Rewashankar lodged a complaint against five persons for an alleged offence under Section 500 I. P. C. The complaint was verified on 13-7-1953 and was registered as Criminal Case No. 637 of 1953 in the Court of Additional District Magistrate Indore presided over by mr. N. K. Acharya. Complainant Rewashankar in this case was represented by Mr. Kulkarni an Advocate. On behalf of the accused persons an objection, was taken for appearance of Mr. Kulkarni an the ground that he was named as one of the witnesses in the case. This was followed by a spate of applications and counter applications and on 1010-1953 the learned Additional District Magistrate passed an order that the application and the counter applications should be sent to the District Magistrate for necessary action. In the meantime a criminal complaint was filed by Gangaram against Rewashankar for an alleged offence under Section 497 I. P. C. which was registered and numbered as Criminal Case No, 644 of 1953.

(3.) IN this background of events an application was submitted before the Additional district Magistrate Mr. N. K. Acharya in the defamation case of Rewashankar No. 637 of 1953 containing allegations which may be summarised in the following four categories :