1 SMCP NO.1/2004 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SUO MOTU CRIMINAL CONTEMPT PETITION NO. 1/2004 Date of decision:13/9/2011 For approval and signature HON'BLE MR.JUSTICE A.H.JOSHI HON'BLE MR.JUSTICE A.R.JOSHI 1. Whether the Reporters of Local Papers Yes may be allowed to see the Judgment ? 2. To be referred to the Reporter or not ? No 3. Whether Their Lordships wish to see No. the fair copy of the Judgment ? 4. Whether this case involves a substantial? No. question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder ? 5. Whether it is to be circulated to the No. Civil Judges ? 6. Whether the case involves an important No question of law and whether a copy of the Order should be sent to Bombay, Goa and Nagpur Office ? Private Secretary AGP/office/1-04smcp 2 SMCP NO.1/2004 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD SUO MOTU CRIMINAL CONTEMPT PETITION NO.1/2004 The Additional Registrar, High Court of Bombay, Aurangabad Bench, Aurangabad. ...APPLICANT VERSUS 1. The State of Maharashtra. 2. Shri K.B.Wankhede (Phulambrikar), r/o. Phulambri, Tq. Phulambri, District Aurangabad. (Died) 3. Chandrakala w/o Kondiram Wankhede, Age: 45 years, Occ: Social Work & Elected Member of Panchayat Samiti, Phulambri, and household, r/o. Phulambri, Tq. Phulambri, Dist. Aurangabad. ...RESPONDENTS ... Mrs. S.J.Kazi, Adv., for the applicant. Mr. V.D.Godbharle, AP for respondent no.1 State. Mr.B.L.Sagar Killarikar, Adv., for respondent nos. 2 and 3. ... CORAM: A.H.JOSHI & A.R.JOSHI, JJ. Date: SEPT., 13th, 2011 *** 3 SMCP NO.1/2004 ORAL JUDGMENT: (Per A.H.JOSHI, J.) 1. This contempt petition was initiated on the basis of letter circulated by the then Additional Government Pleader, by requesting the Court to treat the letter addressed by respondent no.2 contemnor, to the Hon'ble Minister of State for Law and Judiciary Department, complaining about conduct of the Additional Government Pleader about his failure to return the papers, etc. 2. Contemnor no.1 K.B.Wankhede is reported dead. Contemnor no.2 Chandrakala w/o Kondiram Wankhede has appeared and has tendered affidavit expressing apology. 3. We have perused the letter on the basis of which present contempt proceeding was initiated. It is not in dispute that the statement contained in paragraph No.1 that, the papers were received late by the Scrutiny Committee, is not shown to be factually incorrect. 4. In view of this we discharge the contemnors and dispose of the contempt petition. Rule discharged. (A.R.JOSHI, J.) (A.H.JOSHI,J.) AGP/1-04smcp