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IN RE: SRI GOPAL UPADHYAYA CIVIL JUDGE ALLAHABAD versus SRI SHARDA PRASAD MISHRA ADVOCATE

High Court of Judicature at Allahabad

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In Re: Sri Gopal Upadhyaya Civil Judge Allahabad v. Sri Sharda Prasad Mishra Advocate - CONTEMPT APPLICATION (CRIMINAL) No. - 24 of 2006 [2007] RD-AH 16378 (5 October 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. 47

Criminal Contempt No.24 of 2006

In Re

Sharda Prasad Mishra, advocate

Hon. S.S. Kulshrestha, J.

Hon. V.K. Verma J.

Heard Sri A.B. L. Gaur, learned senior counsel appearing from the side of the alleged contemner and the learned AGA and also perused the materials on record.

District Judge, Allahabad has sent letter enclosing therewith report sent by Sri Gopal Upadhyay, Civil Judge (Junior Division) (East), Allahabad about the misconduct of Sri Sharda Prasad Mishra advocate, Civil Court, Allahabad. It is said that he made contemptuous utterances before the Presiding Officer so as to undermine his authority. The contents of such utterances have also been referred in that report. It was mentioned that on 18-7-2006 learned Civil Judge (Junior Division) (East), Allahabad heard the alleged contemner on an application for ad interim injunction in the Original Suit No. 1411 of 2006 and declined to issue exparte injunction in favour of the plaintiff. However, directed for issuance of notice to the defendant. On 19-7-2006 alleged contemner, Sri Mishra appeared in the Court and instead of taking steps for the notice pressurised the Presiding Officer for issuing exparte injunction against the defendant. This was declined by the learned trial court as found not to be fit case for exparte injunction after affording full audience to the counsel. On it Sri Sharda Prasad Mishra lost his tamper, became aggressive and started shouting in the court. Following utterances were also made by him :-

"APKO IS KURSI PAR BAITHANE NAHI DUNGA. MAIN SUPREME COURT TAK SHIKAYAT BHEJ CHUKA HUMN. MUJ PAR CONTEMPT KI KARVAHI KAR SAKTE HAI. MAIN DEKHTHA HUN CONTEMPT ME KYA HOTHA HAI ?. YA THO EK PAKSHI VYADESH JARI KARO YA MUJHE JAIL BHEJ DO."

Matter was placed before the Hon. Administrative Judge who was pleased to make endorsement for initiating contempt ofcourt proceedings under section 15(2) of the Contempt of Courts Act. On the recommendation of the Administrative Judge, matter was laid before the Contempt Court under the orders of Hon'ble the Chief Justice. Notice of contempt was issued against the alleged contemner. Sri Mishra has put in appearance and charges wereframed against him on 2-4-2007. When the case was to be taken up for hearing on 8.5.2007 Sri Mishra tendered unconditional apology before the Court which is on record. A note of filing unconditional apology also taken by this Court by making an endorsement in the order sheet dated 8.5.2007 and directed the abovenamed contemnor 'to appear before the officer concerned and in the case the officer concerned has been transferred then before the District Judge, Allahabad within ten days and tender unconditional apology'. The Court further directed the District Judge, Allahabad to watch his conduct for a period of two months. Now District Judge vide letter dated 11.9.2007 has reported that nothing adverse has been heard about conduct of alleged contemner Sri Mishra during the period of two months as he remained in constant surveillance. Sri Mishra also submitted unconditional apology before this Court and assured that in future he would not give any cause of complaint to any Court and would all the time stand for maintaining highest traditions of profession.

Sri A.B.L. Gaur, learned Senior counsel also submitted that Sri Mishra is known for his simplicity, religious bent of mind and even in the past there was no complaint against his conduct. It was also assured by him that in future there would be no complaint with regard to the conduct of the alleged contemner. It may be mentioned that the utterances made by the alleged contemner would have a clear tendency to affect the dignity and prestige of the judiciary. It has created an apprehension in the minds of the people regarding integrity, ability and fairness of the Presiding Officer and deter actual and prospective litigants placing complete reliance upon Court's administration of justice, it is also likely to cause embarrassment in the mind of the Judicial Officer himself in the discharge of his judicial duties.

The alleged contemner is an advocate having religious bent of mind and also an elderly person. Utterance are appearing to be emotional outburst and so the apology may be accepted.

Having regard to the facts and circumstances of the case and the apology tendered by Sri Mishra, is accepted He is discharged for the charge under section 15(2) of the Contempt of Court Act with the warning that he would remain careful in future.

5-10-2007

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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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