JUDGMENT

R.V. Raveendran, J.

The Appellant was the Sub-Divisional Officer (Police), Dabra, Gwalior District, during 1998-1999. He has filed this appeal under Section 19 of the Contempt of Courts Act, 1971 (for short "the Act"), being aggrieved by the order dated 2.3.2001 of the Madhya Pradesh High Court in Contempt Petition (Criminal) No.5 of 2000, punishing him with simple imprisonment for seven days and fine of Rs.2,000/-. Factual Background

2. Shri Pradeep Mittal, Judicial Magistrate, First Class, Dabra, sent a Report dated 1.11.1999 to the Inspector General of Police, Gwalior Circle, alleging that one Chander Bhan Singh Raghuvanshi, Station Officer, Picchhor came inside his court Hall and threatened him by stating "you have not done good by initiating contempt proceedings against me before High Court. I am back in Picchhor Police Station and I will see you"; and "I have set many Magistrates right and I will see you also". The learned Magistrate complained that it was unbecoming of a police officer to threaten a Judicial Officer in court and interrupt the court proceedings and the misbehaviour warranted stern action. The learned Magistrate enclosed a copy of the order-sheet dated 1.11.1999 (recording the incident) and statements of two witnesses to the incident (Deposition Writer and Reader of the court).

3. Shri N.K. Tripathi, I.G. of Police, sent the complaint to the Superintendent of Police, Gwalior under cover of letter dated 10.11.1999 with a direction to take necessary action. The subject of the letter stated "Regarding conducting an inquiry and taking disciplinary action against Raghuvanshi". The Superintendent of Police (Sri Pradeep Runwaal) in turn forwarded the I.G.s letter along with the Magistrates complaint and its enclosures, to the appellant herein who was at that time the Sub-Divisional Officer (Police), Dabra, under cover of letter dated 17.11.1999, with a direction to personally look into the matter and send a detailed report ("Vistrit Teep").

4. As per the said directions, the appellant conducted an inquiry. He recorded the statements of Raghuvanshi and several witnesses cited by the said Raghuvanshi, namely M.P. Sharma (President, Bar Association, Dabra), Mahendra Kumar (a litigant), Bal Kishan and Jagdish (Police Constables), Suresh Kumar (Asst. Prosecution Officer), B. S. Thakur, Jaswant Singh Parihaar and Mahesh Dubey (Advocates) who stated that they were present at the time of the incident in court on 1.11.1999 as also Rajendra Prasad Sharma (constable who had accompanied Raghuvanshi). All these witnesses stated that there was no unbecoming conduct or misbehaviour on the part of Raghuvanshi and that he had shown respect to the learned Magistrate. The appellant submitted a report dated 27.11.1999, in regard to his inquiry, to the Superintendent of Police, recording a finding that the documents and statements disclosed that Raghuvanshi had used unwarranted language in Court which was improper and recommended punishment.

5. Long prior to the incident on 1.11.1999, the High Court had initiated contempt proceedings (Contempt Petition No.2 of 1999) against Raghuvanshi on an earlier reference by Sri Pradeep Mittal, Judicial Magistrate First Class, Dabra, in regard to a false report submitted by Raghuvanshi to his court in April, 1998. The second reference made by the learned Magistrate in regard to the incident of 1.11.1999, was also placed before the High Court, in the pending contempt proceedings. The High Court took note of the second reference on 12.1.2000 and issued a show cause notice to Raghuvanshi. In response to it, Raghuvanshi submitted his reply stating that he had not misbehaved with the Judge. In support of his defence, he produced the Inquiry Report dated 27.11.1999 submitted by the appellant to the Superintendent of Police along with the statements of the witnesses examined in the inquiry. The High Court disposed of the contempt proceedings against Raghuvanshi by order dated 22/29.5.