1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRI.REFERENCE NO.02 OF 2008 (MRS. N.T.GHOTEKAR, ADDL. CJM . Vs MANISH B. SHRIDHAR & ANOTHER.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri S.S. Doifode, A.P.P. for State. Mrs. S.S. Jachak, Advocate (Appointed) for respondent No.1. CORAM : A.H.JOSHI & R.C.CHAVAN, JJ. DATED : JANUARY 28, 2009. 1. This is a reference for action for criminal contempt, forwarded by Additional Chief Judicial Magistrate, Nagpur. 2. The Additional Chief Judicial Magistrate had issued notice to show cause to respondent No.1 for his conduct in the Court, where he used abusive language addressing it to the Court on account of delay in taking of the case. It seems that he did not furnish any reply and the learned Judge has passed order dated 10th February, 2008, directing the reference. 3. In spite of notices by this Court, respondent No.1 could not be produced as he was in jail. Today he was given a date of appearance in the trial Court and it was told by the learned A.P.P. 2 that the accused will be produced before the trial Court. The Registrar (Judicial) was, therefore, directed to secure presence of the respondent No.1 before this Court. Accordingly the respondent has been brought before this Court. 4. Being unrepresented, we have requested Mrs. S.S. Jachak,Advocate, who is present in the Court, to act as amicus-curia and represent the cause of respondent No.1. 5. We had then granted some time to learned Advocate Mrs. Jachak to have conference with the respondent for enabling her to ascertain his stand in the matter. 6. The learned Advocate reports to the Court that she had perused the reference papers and had a conference with the respondent. She states that the respondent expresses apologies and remorse for his behaviour and also assures that any such incident would not recur. 7. We have questioned the respondent, who is present in the Court, and he expresses regrets and apology for what he has 3 behaved. He also assures to the Court that he would tender his written apology before the Magistrate as well as assures that any such incident would not recur. 8. Considering the tender age of the accused/ respondent and wisdom that has bestowed upon him, we find it appropriate to drop the reference proceedings, on the assurance by the respondent that, the respondent shall tender his oral as well as written apology before the learned Magistrate. 9. We direct the learned Additional Public Prosecutor to communicate this order to the concerned Prosecutor or Nazar, as may be convenient, in order that placing of apology on record can be completed preferably today itself. 10. With these observations, we dispose of and drop the reference proceedings. 11. Steno copy of this order be furnished to the learned A.P.P. free of costs. JUDGE JUDGE RR.