1 conp6.10 ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL CONTEMPT PETITION NO.6 OF 2010 IN CRIMINAL APPLICATION NO.310 OF 2009 IN CRIMINAL WRIT PETITION NO.85 OF 2005 Pradeep Vakil. ....Petitioner Vs. N.D.Desai & anr. ....Respondents. None for petitioner. Mr. N.D.Desai with Mr. Sunil More, contemnors present in person. Mr. P.A.Pol, PP for State. CORAM:- A.M.KHANWILKAR AND A.P. BHANGALE, JJ. DATED:- DECEMBER 6, 2010. P.C. 1. None appears for the Petitioner. Ordinarily, we would have dismissed this Petition for non-prosecution. However, since it is contempt action and is coming for hearing after notice, we think it appropriate to examine the merits of the charge against the Respondents-contemnors. In the Petition, it is stated that irresponsible and reckless allegation has been made by the respondents/contemnors in paragraph-1 of the Criminal Application filed by them dated 15th September, 2009. The Respondents-contemnors in the said 2 conp6.10 application have averred thus: “I say that impugned order dated 8/9/2008 is passed under political pressure of Mr. Pradeep Vakil and Mr. Bimal Bhatt.” 2. We have no manner of doubt that the said averment in the application is reckless and irresponsible. It tends to undermine the majesty of court having suggested that the order passed by the Court is under pressure of the named persons. The Respondents-contemnors are present in court and submit that they have now realised that such averment ought not to have been made in the application. It was their mistake and they should be excused on accepting their unconditional apology. Considering the fact that both the respondents/contemnors have given unconditional apology and also undertake to take steps for deletion of said averment made in the criminal application, we think that it is not necessary to precipitate the matter any further. 3. Accordingly, we dispose of this Petition on accepting unconditional apology as well as the undertaking given by the respondents/contemnors that they shall take necessary steps to delete the offending words in the criminal application dated 15th September, 2009. That be done within two weeks from today. 3 conp6.10 4. Further, the respondents/contemnors undertake that in future they shall not venture to make any such reckless and irresponsible allegation in any proceedings. We accept that undertaking. 5. It is made clear that if in future, the respondents indulge in similar mischief, action would be taken against them including for having committed aggravated contempt. 6. Petition disposed of on the above terms. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)