(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI) By order dated 3rd April 2012, learned advocate Mr.I.S. Supehia was asked to see that the appellant remains present before this Court today at 11.00 AM, to explain as to why action under the provisions of the Contempt of Courts Act for criminal contempt be not initiated against him.
2. The appellant is present before the Court. Learned advocate Mr.Supehia explained order dated 3rd April 2012, wherein it is recorded by this Court that this Court, prima facie, is of the opinion that there is wilful suppression of material fact of letter dated 15.01.2003 having been received by his wife. This fact was misrepresented by saying that the letter was received by 'somebody'. It was only when the learned Single Judge recorded that the person who received letter dated 15.01.2003 was one 'Sabera', it was disclosed to the Court that said 'Sabera' was none else than the wife of the present appellant.
3. The appellant is present before the Court. He states that taking into consideration his advanced age and condition of his health which is not good he be granted pardon for the aforesaid mis-statement, which has crept in in the petition. He further states that he did not wilfully suppress that fact from the Court and he had no intention to derive any benefit by not disclosing the said fact.
The appellant was asked to tender an unconditional apology on affidavit. The appellant has filed unconditional apology on affidavit, which is taken on record.
Taking into consideration the appellant's advanced age, who is already of 69 years, and who is not keeping good health, the unconditional apology tendered by him is accepted. The Court restrains itself from passing any further orders so as to take any action against him under the provisions of the Contempt of Courts Act.
4. At this juncture, learned advocate Mr.Supehia, on instructions from the appellant, who is present before the Court, seeks permission to withdraw this appeal. Permission is granted. The Letters Patent Appeal is disposed of as withdrawn.
(RAVI R. TRIPATHI, J.) (G.B.
SHAH, J.) karim Top