Full Judgment
1....Cont.Cr.
No.7 of 12 The Court of Addl.
Sessions Judge, Brajesh Sahu and another Sohagpur 12.12.2012 Shri G.S.Ahluwalia, Counsel alongwith contemners present.
This contempt reference has been made by the Additional Sessions Judge, Sohagpur district Hoshangabad by a reference letter dated 25.6.2012/11.7.2012 by which it is alleged that certain allegations made in the application filed by the Contemners under Section 408 of Cr.P.C.were contemptuous and proceedings for criminal contempt may be initiated against the contemneRs.Learned counsel appearing for the contemners and both the contemners submitted that they were not intending to commit contempt of the Court below.
The application filed before the Sessions Judge for the transfer of the case was bonafide in which though certain averments were made but without any malafide intention.
It was submitted that contemners have earlier submitted their apology before the court below and has also filed their apology before this Court.
It is further submitted by Shri Ahluwalia that today both the contemners have filed their unconditional apology and have also filed an undertaking that in future they shall not commit any such act.
From the perusal of the documents it appears that certain averments were made in the application filed by the contemners before the Sessions Judge, Hoshangabad.
The allegations were made against the presiding officer of the Court of Additional Sessions Judge, Sohagpur district Hoshangabad.
The averments are prima facie of the contemptuous nature.
It is submitted by Shri Ahluwalia that the criminal case for which contemners had 2....Cont.Cr.
No.7 of 12 The Court of Addl.
Sessions Judge, Brajesh Sahu and another Sohagpur 12.12.2012 moved an application for transfer, has already been decided.
In that case the contemner No.1 was the complainant while the Contemner No.2 was the counsel of the contemner No.1.
The aforesaid case has been ended in the conviction of the accused.
Considering the fact that the criminal case which was sought to be transferred, has already been decided by the same presiding officer and the contemners have participated in the proceedings before the Additional Sessions Judge, Sohagpur and to the fact that both the contemners have filed unconditional apology in the matter and have also filed an undertaking that they shall not repeat such act in future, and considering the peculiar fact and circumstances of the case, we find it appropriate to accept the unconditional apology and the undertaking submitted by the contemners and accordingly the aforesaid unconditional apology is accepted and in the light of the aforesaid unconditional apology, the proceedings are closed with a warning to the contemners that they shall not repeat such act in future and in case they repeat such an act, they shall be liable for the consequences.
With the aforesaid order, the proceedings are closed.
(Krishn Kumar Lahoti) (Smt.
Vimla Jain) Judge Judge vj