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2019 Supreme(SC) 1249

INDU MALHOTRA, SANJIV KHANNA
Hari Niwas Gupta – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Appellant(s) :Asha Gopalan Nair, Chandra Prakash, Advocates
For the Respondent(s):Devashish Bharuka, Ravi Bharuka, Sarvshree, Justine George, P.H. Parekh, Tanya Choudhary, Nikhil R., Pratyusha Priyadarshini, Nitika Pandey, for M/S. Parekh & Co., Advocates

JUDGMENT :

SANJIV KHANNA, J.

1. This common judgment would dispose of the above-captioned appeals preferred by three judicial officers namely, Hari Niwas Gupta, Komal Ram and Jitendra Nath Singh, who were working as Principal Judge, Family Court, Samastipur; Chief Judicial Magistrate, Araria; and ad-hoc Additional District and Sessions Judge, Araria, respectively.

2. On 29th January 2013, a news item was published in a local daily (Udghosh), that on 26th January 2013 the Nepal Police had apprehended three judicial officers belonging to the State of Bihar as they were allegedly found in a compromising position with three Nepali women in a guest house at Biratnagar, Nepal. Thereupon the judicial officers were brought to the district police station in Nepal, but were released on account of pressure from various circles. On learning about the incident, the High Court of Judicature at Patna (‘High Court’ for short) had addressed the letter dated 18th February 2013 to the District and Sessions Judge, Purnea to submit a report in the matter. The District and Sessions Judge vide report dated 24th February 2013 had informed that during the inquiry the three judicial officers had denied having

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