IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR J U D G M E N T State of Rajasthan Vs. Manak Chand D.B.CRIMINALCONTEMPT PETITION NO.3/2008 UNDER SECTION 12 OF THE CONTEMPT OF COURTS ACT. Date of Judgment: Oct.20, 2008 P R E S E N T HON'BLE MR.JUSTICE A.M.KAPADIA HON'BLE MR.JUSTICE DEO NARAYAN THANVI By Post. Mr.Ashwani Swami, for the respondent contemner. BY THE COURT : (PER HON'BLE THANVI J.) 1. This Contempt Petition has been registered on a reference having been sent by the learned Additional Civil Judge (JD) cum Judicial Magistrate, First Class, No.2, Sujangarh, Distt. Churu on 24.4.08 to learned Sessions Judge, Churu, who in turn, sent the same to this Court vide his letter dt.29.4.08. 2. The facts in brief are that a private complaint being Cr.Case No.73/2001 was filed against the respondent-contemner Manak Chand in the Court of learned Additional Civil Judge (JD) cum Judicial Magistrate, First Class, No.2, Sujangarh, Distt. Churu, who took cognizance vide order dt.11.5.01 against the respondent contemner for the offence u/s.323 IPC. Against that order, the respondent contemner went in revision before the learned Addl.Sessions Judge, who affirmed the order of the learned Addl.Civil Judge, Sujangarh vide order dt.10.11.04. Thereafter, S.B.Criminal Misc.Petition No.70/2005 filed by the respondent contemner was also dismissed by this Court vide its order dt.1.2.2008. However, the respondent contemner again moved the court of learned Addl.Sessions Judge, Sujangarh by way of filing an application u/s.191 CrPC alleging inter alia that he has got no faith in the Addl.Civil Judge, Sujangarh & he was sure that no justice will be done in the matter. He also termed the order of this Court passed in the Misc.Petition as corrupt. 3. We have heard learned counsel for the respondent Contemner on the contempt petition. The respondent contemner Manak Chand is also present in court, who has tendered his unconditional apology by filing application alongwith an affidavit. His daughter and son in law are also present in the court and they started weeping in the court by saying that if the contemner, who is not of a balanced mind, is sent to jail, it will result in disrepute to the Society & ruin their family. The respondent contemner is shivering in the court and has also submitted that he is an old man of 65 years and he belong to a poor family and due to pendency of a criminal case for a considerable period of 25 years and ultimate conviction u/s.323 IPC, he could not control his sentiments. He has, therefore, prayed that keeping in view the unconditional apology, tendered by him, the contempt notice may be discharged. 4. It appears that since the protracted criminal trial for long 25 years against the respondent contemner, he lost his mental balance and as a result, made some adverse remarks for the judiciary. But keeping in view the unconditional apology tendered by him and further the assurance given by the respondent contemner that in future, he will take note of it and will make no such unwanted remarks against the judiciary, we deem it proper to accept his unconditional apology instead of imposing punishment. 5. Consequently, the notice issued to the respondent contemner Manak Chand by this Court's order dt. 6.8.08 stands discharged. The Contempt Petition is accordingly disposed-of. (DEO NARAYAN THANVI), J. (A.M.KAPADIA), J. RANKAWAT JK, PS