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1998 Supreme(SC) 1040

A.S.ANAND, M.K.MUKHERJEE
PRESIDENT OF INDIA – Appellant
Versus
AJAY KUMAR PANDEY – Respondent


Advocates:
relied on : Delhi Judicial Service Assn. v. State of Gujarat, 1991 4 SCC 406
L.D. Jaikwal v. State of U.P., 1984 3 SCC 405
Roshan Lal Ahuja, Re, 1993 Supp4 SCC 446
D.C. Saxena (Dr) v. Honble the chief justice of India, 1996 5 SCC 216
Lalit Mohan Das v. Advocate General, orissa, AIR 1957 SC 250
M.B. Sanghi v. High court of Punjab and Haryana, 1991 3 SCC 600
Supreme court Bar Assn. v. Union of India, 1998 4 SCC 409

Judgment

DR. A. S. ANAND, J.

( 1 ) 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 a



































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