1 conp1210 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CONTEMPT PETITION NO. 12 OF 2010 A.R. Mahajan ...Petitioner V/s. Prakash Pohare & Ors. ...Respondents Mr. R.B. Raghuwanshi appointed as amicus curiae Mr. V.P. Sawant i/by Mr. Abhijit V. Rane for the Respondents/Contemners Mr. J.P. Yagnik, A.P.P., for the State. CORAM: A.M. KHANWILKAR AND A.R. JOSHI, JJ. DATE: 28TH JANUARY, 2011 P.C.:- This Suo Motu Criminal Contempt Petition has been initiated on the basis of Reference made by the Principal District and Sessions Judge, Akola. The Reference was made in the light of the news paper reports published by the respondents / contemners. After issuing show-cause notice, the respondents / contemners filed their respective reply-affidavits. 2 conp1210 2. When the matter was taken up for hearing, at the outset, both the respondents, who were present in Court, expressed unconditional apology and showed their willingness to publish their unconditional apology and explanatory statement if the Court allowed the same. We gave permission to the respondents / contemners to publish unconditional apology in the Daily Newspaper Deshonnati, in which the offending article was published. We further directed the respondents / contemners to prominently publish their unconditional apology. 3. Accordingly, the respondents / contemners issued their unconditional apology by way of publication. However, when the said publication was produced before us on the earlier occasion, we thought that something more needs to be done by the respondents / contemners, which would establish that they have now realised their mistake and withdraw all the insinuations made by them in the offending article. That was the only way of expressing reticence with regard to the act of commission and omission, which is the subject-matter of the present action. 4. In deference to the observations so made on the earlier occasion, the respondents / contemners have issued their publication 3 conp1210 jointly in the same newspaper at a prominent place not only unconditionally withdrawing the earlier version published by them, which is the subject-matter of this contempt action, but have also given unconditional apology for their acts of commission and omission. Besides, the respondents / contemners, who are present in Court, have reiterated the position so stated by them in the publication, and undertake to the Court that, in future, they will not resort to such gimmicks. 5. In the circumstances, we do not think it necessary to precipitate the matter any further. The show-cause notice stands discharged on the basis of the unconditional apology as well as undertaking given by the respective respondents / contemners referred to above. 6. The Court expresses a word of gratitude for the able assistance of the learned amicus curiae. A.R. JOSHI, J. A.M. KHANWILKAR, J.