S. PARIVATHA RAO, J.

( 1 ) THIS case of Criminal Contempt of the Court of Munsif Magistrate at Ibrahimpatnam in Rangareddy district has arisen on a motion made by the learned Advocate-General on a reference made to the High Court by that Subordinate Court under Rule 5 (d) of the Contempt of Court Rules, 1980 read with sub-section (2) of Section 15 of the Contempt of Courts Act, 1971 ("the Act" for short ). The respondent/contemner is an Advocate by name B. Sugunakar Reddy.

( 2 ) THE Munsif Magistrate made the order of reference dated 17-10-1996. Therein he stated that on 27-8-1996 at about 2. 10 p. m. that Advocate stalled the Court proceedings for about five minutes and insulted him by using disparaging and derogatory words which were very unparliamentary and that had virtually put him in utter shock and dismay. The learned Munsif Magistrate narrated what happened as follows : "on 27-8-1996 (Tuesday), which was a criminal working day, there were 74 matters listed in the cause list. After attending to the trial work and recording the evidence of the witnesses, I was on the bench till 2. 10 p. m. Before retiring to the chambers for lunch break, I took up the bail application in Cr. No. 89/1996 of Manchal Police Station. At that juncture Sri Sugunakar Reddy entered the Court Hall and requested the Court to direct Maheshwaram police not to take his accused to Jail as solvency certificates were already filed. After declining to give oral directions to police I asked Sri Sugunakar Reddy to wait till I complete the hearing on the bail application in Cr. No. 89/1996 of Manchal police station for hearing him. Without any provocation, in a fit of anger he outbursted and by raising his voice started shouting at me addressing the Court in singular number. Sri Sugunakar Reddy made disparaging and derogatory attacks on me by using unparliamentary language. He used unparliamentary language. . . . . and insulted me in the presence of Advocates, A. P. P. Gr. II, Sub-Inspector of Police, Vikarabad, Sub-Inspector of Police, Yacharam, Bench Clerk, Process Server, Court constables and number of accused, who entered the Court Hall on hearing the loud voice of Sri Sugunakar Reddy. Sri Sugunakar Reddy stalled the Court proceedings for about five minutes by removing papers, from the hands of Bench Clerk twice which were being handed over to me. Sri Sugitnakar Reddy threatened me that he will see how I will come to Court and work at Ibrahimpatnam" (emphasis supplied ). He stated that he issued show cause notice dated 10-9-1996 to the Advocate to explain within seven days and that the Advocate gave his explanation on 19-9-1996 stating that since he was the complainant any explanation offered would become ineffective and that it would not be considered in fair manner and that it was better to refer the matter to the High Court for enquiry and disposal in due course of law, and that the Advocate did not repent for his behaviour. He also stated that he heard the Advocate on 25-9-1996 and that the advocate stated that there was nothing more for him to submit then what he stated in his explanation.

( 3 ) THE learned Munsif Magistrate also filed an affidavit dated 17-10-1996 in support of the contempt case. Therein he stated as to what happened on 27-8-1996 as follows : "that on 27-8-1996 at about 2. 10 p. m. while conducting Judicial proceedings in the public Court I was about to take up bail application in Cr. No. 89. 1996 of Manchal Police Station before retiring to the chambers. At that juncture Sri B. Sugunakar Reddy entered the Court hall and requested the Court to direct Maheshwaram Police not to take the accused in Cr. No. 68/1996 of Maheshwaram Police Station to Jail. While declining to give oral directions, I requested Sri B. Sugunakar Reddy to wait till I complete hearing on the bail application in Cr. No. 89/1996. That Sri B. Sugunakar Reddy, without any provocation, in a fit of anger outbursted, started shouting at me in high pitch addressing th

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