The Division Bench of the Allahabad High Court, comprising Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi in the case of In Re vs. Shri Rajesh Kumar Tiwari, Circle Officer has issued a show cause contempt notice to a Deputy Superintendent of Police for showing disrespect to a Judicial Magistrate and for his discourteous and contemptuous behavior.
The Court took suo motu cognizance of the reference made by Additional Civil Judge (Junior Division)/Judicial Magistrate, New Court No.4, Moradabad that the Investigating Officer showed disrespect to the concerned court and denied to disclose his name on the ground that the judge can see it from the records and that he is not required to tell his name. Later the Investigating Officer told his name in a discourteous and contemptuous manner.
The Bench observed that prima facie allegation with regard to commissioning of criminal contempt in terms of Section 2(c) of the Contempt of Courts Act, 1971 is made out against the opposite party.
Therefore, the Bench issued notice to Rajesh Kumar Tiwari, Circle Officer, Thakurdwara, Moradabad to show cause as to why contempt proceedings should not be initiated against him under Section 2(c) of the Contempt of Courts Act, 1971 for threatening the court, humiliating and dignity of the court.
Case Details
Case:- CONTEMPT APPLICATION (CRIMINAL) No. - 17 of 2023
Petitioner:- In Re
Respondent:- Shri Rajesh Kumar Tiwari, Circle Officer
Judge: Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi
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