:y..;'.^^ HIGH COURTQFCHHATTISGARH AT BILASPUR DrVISION BENCH ^y.t'^py^~^^''y CORAM: COMPLAINANT ACCUSED HON'BLE MR. T.P. SHARMA & HON'BLE MR. R.L. JHANWAR, JJ. Cr. Contempt Case No. 1/2001 VERSUS R.R. Sirtgh The Dy. registrar of cooperative^ soeiefy Durg. Arjun Yadav advocate Durg. CONTEMPT REFERENCE UNDER SECTION 15 OF THE CONTEMPTOFCOURTSACT,1971. :Present:- Shri Ashish Shukla, G.A. for the complainant/State. Shri Arvind Dubey, Advocate for the accused/ Contemnor. : QRAL-ORDER (Passedon 28/10/2010) The following order ofthe Court was passed by T.P. Sharma, J:- 1. Heard. 2. At the outset counsel for the Contemnor Shri Arvind Dubey Submits that this is a case of criminal contempt against Shri Arjun Yadav, senior counsel practicing at Durg at the instance of Dy. Registrar, Cooperative Society, Durg. Before making other defence counsel for the contemnor submits that by filing reply contemnor has-tendered his apology therefore, it be considered his bonafide request and contempt proceeding bedropped. ; 3. As per record and refererice made by Dy. Registrar, Cooperative Society, Durg;on 27/1/99 pontemnor has used unwanted language in a judicial proceeding and further on 10/7/2000 coritemnor has used filthy language and even he attempted to cause assault to the Dy. Registrar, ^ ...-,-..-:. % l^^l I ^... - ^^^M Cooperative Society, Durg when he was discharging his duty and busy with proceeding in one case. As per Section 20 of the Contempt of Court Act, 1971 no cognizance can be taken after one year of the incident therefore we are unable to take cognizance ofany contempt committed on 27/1/99. As regard the contemptuous activity of 10/7/2000 is concerned as per reference on 10/7/2000 in one proceeding while applicant was discharging his duty contemnor used filthy language and attempted to commit assault to him. Applicant has not filed any copy of judicial proceeding of 10/7/2000. One copy ofproceeding dated 10/7/2000 reveal that on account of use of filthy language and misbehave by contemnor, his offlcials has prepared letter for signature and has placed before Dy. Registrar Cooperative Society for signature. In order to frame charge against the contemnor and to proceed for contempt of Courts of Subordinate Courts, subordinate Court is required to submit material that he was discharging his duty as a Judge contemnor has committed contempt or has scandalized Judge in a judicial proceeding, but on scrutiny of documents submitted by applicant, we are unable to find out that in which judicial proceeding contemnor has committed the contempt of Court, what was word used by him and what was the act of scandal committed by contemnor, why concerned Judge/Officer has not recorded such fact in a proceeding in such case. In absence of aforesaid facts and the fact that contemnor has already tendered his apology without any opinion about commission of contempt in a judicial proceeding and the fact that applicant was discharging judicial function, we dropped the contempt proceeding. Sd/- T.P. Sharma Judge Sd/- R.L. Jhanwar Judge \v