1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL REFERENCE NO.1 OF 2008 Laxmikant A.Bidwai, Age 34 years, Occu.Judicial Service, as Civil Judge, Junior Division & Judicial Magistrate, First Class, Udgir as well as Ex-Officio Chairman of Taluka Legal Services Authority, Udgir, Taluka Udgir, District Latur .. PETITIONER VERSUS 1. Ashok s/o Keshavrao Bhosale Age major, Advocate and President of Bar Association, Udgir, R/o Sankalp Niwas, Geeta Nagar, Udgir, Taluka Udgir, Dist.Latur 2. The State of Maharashtra through Advocate General, Bombay .. RESPONDENTS Shri V.D.Sapkal, Advocate appointed as amicus curiae for the petitioner Shri V.D.Salunke, Advocate for respondent No.1 Shri S.D.Kaldate, Assistant Public Prosecutor for respondent No.2 CORAM : P.V. HARDAS AND SHRIHARI P. DAVARE, JJ DATE : 28th JANUARY 2010 ORAL JUDGMENT (PER P.V.HARDAS, J.) 1. This Reference under Section 15(2) of the Contempt of Court’s Act, 1971 has been forwarded by the Civil Judge Junior Division and Judicial Magistrate, First Class, Udgir. On such 2 Reference being presented before the Court, this Court directed issuance of notice to the contemnor i.e. respondent No.1. Pursuant thereto the contemnor who is present in Court has filed his affidavit-in-reply. At paragraph 2 of the affidavit-in-reply, the contemnor has tendered unconditional apology and in the further paragraphs of the affidavit-in-reply the contemnor has sought to explain the circumstances in which the contempt is alleged to have been committed by the contemnor. 2. We have heard Shri V.D.Sapkal, learned amicus curiae appointed by this Court by its order dated 18.11.2009. Incidentally, the Reference came to be admitted by the order of this Court dated 18.11.2009. We have also heard Shri V.D.Salunke, learned Counsel representing the contemnor and the learned Assistant Public Prosecutor on behalf of respondent No.2. Shri Salunke, learned Counsel for the contemnor has, on behalf of the contemnor tendered unconditional apology. The contemnor who is present in Court has also orally tendered before us his unconditional apology before us. Since the apology is tendered in Court and the apology is recorded in the affidavit-in- reply filed on behalf of the contemnor, according to us there is no impediment whatsoever in accepting the said apology tendered by the contemnor. We, therefore, accept the unconditional apology tendered by the contemnor and drop the contempt 3 proceedings. Accordingly, the contempt proceedings stand dismissed on accepting the unconditional apology of the contemnor/respondent No.1. 3. We wish to acknowledge the efforts of Shri V.D.Sapkal, learned amicus curiae appointed by this Court on behalf of the petitioner and accordingly, quantify the fees payable to Shri V.D.Sapkal at Rs.5,000/- (Rs.Five thousand). 4. Contempt proceeding is accordingly dismissed. Rule stands discharged. ( SHRIHARI P.DAVARE ) ( P.V.HARDAS ) JUDGE JUDGE (vvr/criref1.08)