Court No. - 4
Case :- CONTEMPT APPLICATION (CRIMINAL) No. - 20 of 2018 Applicant :- In-Re Opposite Party :- Arun Solanki, Advocate And 2 Others Counsel for Applicant :- A.G.A.
Hon'ble Bala Krishna Narayana,J. Hon'ble Ravindra Nath Kakkar,J.
Heard Sri Sudhir Mehrotra, learned counsel for the High Court.
Record of this contempt case shows that in Contempt Application (Criminal) No. 2 of 2018, notices were initially issued to three contemnors namely Sri Arun Solanki, Sri Mrigesh Kulshreshtha and Sri Mukesh Sharma who had appeared before this Court and filed their counter affidavits. Charges were framed against them and judgement in the aforesaid contempt application has been reserved by another coordinate Bench of this Court consisting of Hon'ble Shashi Kant Gupta, J. and Hon'ble Bachchoo Lal, J.
We have perused the supplementary report sent by District Judge, Agra dated 05.04.2018 appending thereto 16 annexures including a video clip of the incident, stating therein after coming to know about the notice issued to the contemnors namely Sri Arun Solanki, Sri Mrigesh Kulshreshtha and Sri Mukesh Sharma by this Court on 08.02.2018, the aforesaid three contemnors as well as 18 other lawyers namely Sri Mahendra Bansal, Sri Ajay Singh Chahar, Sri Nirbhaya Gupta, Sri Durgvijay Singh Bhaiya, Sri Gajendra Singh Baba, Sushri Darvesh Yadav, Sri Shailendra Rawat, Sri Maneesh Kumar Singh, Sri Rakesh Nohvar, Sri Chaudhary Netrapal Singh, Sri Basant Kumar Gupta, Sri Ashok Kumar Gupta, Sri Arun Pachauri, Sri Mahesh Baghel, Sri Varun Gautam, Sri Puran Singh Rajput, Sri Natthi Lal Tomar, Sri Kamal Kishore Katara and some other unknown advocates created ruckus and prevented the lawyers and the litigants from entering into the court of District Judge, Agra thereby causing interference in the hearing of judicial proceedings and obstructing the administration of justice, as such further lowered down the dignity and authority of the court.
Following order was passed in this contempt application on 08.02.2018 :-
"Issue notice to the contemnors through the office of the concerned CJM to show cause by the next date of listing as to why the proceeding may not be initiated against them under the relevant provisions of Contempt of Courts Act and why the charge may not be framed against the said advocates.
List this matter in the week commencing 2.4.2018."
Thus, it appears that inadvertently this Court by order dated 01.08.2018 had issued a notice to the contemnors/opposite party nos. 1 to 3 namely Sri Arun Solanki, Sri Mrigesh Kulshreshtha and Sri Mukesh Sharma only and other contemnors were not noticed.
Issue notice to the other contemnors namely Sri Mahendra Bansal, Sri Ajay Singh Chahar, Sri Nirbhaya Gupta, Sri Durgvijay Singh Bhaiya, Sri Gajendra Singh Baba, Sushri Darvesh Yadav, Sri Shailendra Rawat, Sri Maneesh Kumar Singh, Sri Rakesh Nohvar, Sri Chaudhary Netrapal Singh, Sri Basant Kumar Gupta, Sri Ashok Kumar Gupta, Sri Arun Pachauri, Sri Mahesh Baghel, Sri Varun Gautam, Sri Puran Singh Rajput, Sri Natthi Lal Tomar and Sri Kamal Kishore Katara through Chief Judicial Magistrate, Agra to show cause by the next date of listing as to why proceedings may not be initiated against them u/s 15 of the Contempt of Courts Act, 1971 and why charge may not be framed against them.
List this matter on 03.10.2018.
Order Date :- 30.8.2018 Rahul.