IN THE HIGH COURT OF JUDICATURE AT PATNA OCR. MISC (DB) No.8 of 2009 THE STATE OF BIHAR-----------------------------------petitioner Versus RAM KUMAR JHA, ADVOCATE, CIVIL COURT----- Opposite Party For the State: Mr. Nirmal Kumar, GP 4 For the opposite party: Mr. Rajeev Roy, Advocate Mr. Prem Kumar Jha, Advocate ------------ 4 04-09-2009 Heard the parties. The alleged contemnor, Mr. Ram Kumar Jha, Advocate, Civil Court, Madhubani is present in court. Learned counsel for Mr. Jha submits that in both the show causes filed in this court Mr. Jha has tendered unqualified apology and has also tendered an undertaking that there shall be no occasion for any such complaint against him by any court in future as he shall be extra careful in his utterances in court. On going through the materials on record including the order sheet of the concerned court as well as the order of reference, it appears that during the course of hearing of a Sessions Trial, Mr. Jha appeared as a counsel for the informant and since his prayer for adjournment was refused on 2-3-2009, he became aggrieved and after two intervening dates on which adjournment was rejected, the alleged occurrence took place on 18-3-2009. According to the facts recorded by the court below the alleged contemnor created a situation by his utterances in which the hearing of the Sessions case could not proceed. It appears that subsequently transfer petition as well as an application u/s 482 of the Cr. P.C against refusal of adjournment on 2-3-2009 were filed and the same are pending. It has further transpired during the 2 hearing of this matter that in the month of May, 2009 Presiding Officer of the court concerned has been transferred and now the hearing of the Sessions case bearing no. 279/08 is pending before another court at Madhubani. Unless there be an order of superior court staying hearing of a case by a Judicial Officer, such Judicial Officer has every right to control the proceeding and proceed with the hearing of the matter by rejecting unnecessary prayers for adjournment. If the order passed by a Judicial Officer is not to the liking of the party, it can always be challenged before appropriate forum but nobody can be permitted to create pandemonium or such a situation in court so as to obstruct hearing of a judicial matter. Contempt of Courts Act is meant to take care of such a situation. On facts, it is not possible to hold that the reference is without merits. However, noticing the attitude of the alleged contemnor who is present in court and his sincere apology and considering that he is an advocate in practice since 1995, we are persuaded to take a lenient view in the matter only in view of his unqualified apology and his undertaking that he shall not create another occasion of similar nature. This proceeding is, therefore, closed after recording unqualified apology of Mr. Ram Kumar Jha. He is expected to be careful in future. BKS/- (Shiva Kirti Singh, J.) (Jyoti Saran, J.)