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1998 Supreme(SC) 1037

A.S.ANAND, M.K.MUKHERJEE
President Of India – Appellant
Versus
Ajay Kumar Pandey – Respondent


Judgment

Dr. A.S. Anand, J.-The alleged contemner-Ajay Kumar Pandey, a prac­tising advocate, filed a criminal complaint against an Advocate Mr. Mahesh Giri and an Additional District Judge, Ms. Saroj Bala, then posted as VII Addi­tional District Judge, Lucknow, under Sections 499 and 500 IPC, after first serving them with a notice demanding compensation for defaming him. The allegations made in that complaint are not relevant for our purpose. That complaint was dismissed on 16.11.1994. He thereafter filed a Criminal Revision in the High Court which was also dismissed by a learned single Judge of the High Court (Virendra Saran, J.) on 15.2.1995. While dismissing the revision petition, the learned single Judge inter alia observed:-

“It is well settled that if the veiled object of a lame prosecution is to disgrace, humiliate or cause harassment to the accused, the High Court must put an end to the mischief by quashing such criminal pro­ceedings. The facts on the record of the instant case give a horren­dous account of a framed-up case against a responsible member of the lower judiciary holding the post of an Additional Sessions Judge at Lucknow..........

It appears that the aim of the ap






























































































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