Judgement

MAHAJAN J.: This is an appeal by special leave from the judgment and order dated 16-4-1951 of the Allahabad High Court in Cr. Misc. Petn. No. 17 of 1950. The two appellants are members of the Uttar Pradesh Civil Service. In March 1950 appellant 1 (Rizwan-Ul-Hassan) was posted as District Magistrate, Jalaun and appellant 2, Mohammad Munawar was posted as a Magistrate in the same district, having officiated as District Magistrate for some time in the early part of March 1950.

2. On 2-3-1950 one Phundi Singh commenced proceedings under S. 145, Criminal P. C., in the Court of the sub-Divisional Magistrate of Jalaun on the allegation that Kedarnath and Matadin were about to cut his standing crop by force and that there was an imminent danger of a breach of the peace. The Magistrate issued notices to the parties complained against and ordered attachment of the standing crop.

3. On 4-3-1950 one Shriram, brother of Kedarnath, filed a counter application before the Court making certain allegations against one Thakur Pratap Singh said to be the real person behind the proceeding commenced by Phundi Singh. Kedarnath and Matadin, the respondents in Phundi Singh s application, also filed an application similar to that of Shriram before the District Magistrate on the same date. This application was accompanied by a recommendatory letter written to the District Magistrate by Lalla Ram Dwivedi, Secretary, District Congress Committee. It was received by appellant 2 who was then officiating as District Magistrate and was sent by him to the Sub-Divisional Magistrate, Jalaun in whose Court Phundi Singh s application was pending, for report. The Sub-Divisional Magistrate returned it, with the remark that a proper complaint should be made in his Court in the ordinary way on the allegations trade in the application. Thereupon appellant 2 returned the application to Kedarnath and Matadin and advised them to move the Sub-Divisional Magistrate in a formal and proper manner.

4. On the application of Phundi Singh made before the High Court of Allahabad under S. 3, Contempt of Courts Act, appellant 2 was held guilty of contempt of the sub-Divisional Magistrate on the following reasoning:

"Shri Mohammad Munawar, opposite party 5 forwarded application given by the opposite parties 2 & 3 together with introductory letter to the Sub-Divisional Magistrate, Jalaun. We do not think that he had any intention to influence the Sub-Divisional Magistrate with respect to his action in the case under S. 145, Criminal P. C. But intention is not of importance so far as the question of commission of contempt is concerned. He certainly acted without due circumspection and thought. It must have been clear to him that the application contained expression which affected the due considerations of the points in dispute in the proceeding under S. 145, Criminal P. C. He says in his affidavit and we can accept it that he sent this application to the Sub-Divisional Magistrate just for taking action for the protection of opposite parties 2 and 3 and their crop about which an allegation was made that some action was to be taken by the other party the night following. He should in the circumstances either pass an order for the Police himself which he could have very well done, or he could have just conveyed a gist of the complaint necessitating protection of life and property immediately. His conduct in transmitting the allegations made by the opposite parties 2 and 3 to the Sub-Divisional Magistrate, Jalaun, in whose Court the case under S. 145 Criminal P. C., was pending, did amount to the commission of contempt of that Court."

5. As regards appellant 1, the facts are that on 22nd March an application was received by post in the office of the District Magistrate signed by Shriram containing allegations against the trying Magistrate. On 25-4-1950 this application was sent by the appellant for the report to the Sub-Divisional Magistrate with the following endorsement:

"S. D. O. Plea