ORDER : - It is really an unfortunate thing that the instant contempt proceeding has been initiated against the member of the temple of justice and one another. The petitioners who moved this Court to initiate the contempt proceedings against the contemnors are the accused in Criminal Case No. 218 of 1991 for the offence punishable under Sections 420, 392 read with Section 34 of the Indian Penal Code. Initially, on 3-11-1993, the notice before admission was issued by this Court against all the contemnors. The submissions on behalf of the contemnorn Nos. 1 and 2 were filed and after satisfying that there is a prima facie case, this Court issued rule on 3-2-1994 against the contemnors calling upon them to show cause as to why action should not be taken against them under the provisions of Contempt of Courts Act, 1971.

In an ordered community, the Courts are established for the specific settlement of disputes and for the maintenance of law and order. In the general interest of the community, it is imperative that the authority of the Court should not be imperilled and that recourse to them should not be subject to unjustifiable interference. When such unjustifiable interference is suppressed, it is not because those charged with the responsibilities of administering justice are concerned their own dignity; it is because the very structure of ordered life is at risk if the recognised Courts of the land are so flouted that their authority wanes and is supplanted.

2. When the contempt does not occur in the presence and hearing of the Court, it must be brought to the attention of the Court by affidavits or sworn statements of the facts by persons who witnessed them or have knowledge of them. From the sworn facts, it must be shown prima facie that the contemnor/contemnors committed contempt to issue rule to the offender to show cause why he should not be punished for the alleged contempt.

A proceeding for punishment of the person/persons who have committed the contempt, is between the Court and the contemnor. Any person bringing the facts to the notice of the Court, is just an informant. The jurisdiction to make an order for contempt is per se, neither civil nor criminal, but is segeneris.

3. Once this Court takes the cognizance of the matter with regard to the contempt and the rule is issued, it must be made clear for all purposes that the desire of the private party to continue or not to continue such proceedings, is insignificant and is totally irrelevant. The purpose of proceedings in contempt is mainly to maintain the dignity of the Court and instil confidence in the mind of the public about the institutional integrity.

4. The facts giving rise to the instant contempt petition, are narrated in brief as follows :

The contemnor No. 2 Shri Dilip Babulal Thakkar, a resident of Nagpur, alleged to have been engaged in the business of courier service in the name and style 'Thakkar Agencies'. According to the contemnor No. 2, in the courier business, he has to collect parcels, insured parcels, letters, packets, etc., for the parties to be delivered at different places including Bombay through his agents. As usual, he collected the money, ornaments and valuables from the parties and directed his employee by name Shri Shivshankar Desai on 31-5-1991 to proceed to Bombay. Shri Shivshankar Desai was carrying the material in rickshaw. Near Geetanjali Talkies, Nagpur some persons committed theft/robbery and all the material which was in possession of Shivshankar Desai, were taken away. The incident had occurred at about 4 p.m. Immediately after receiving the knowledge about the theft/robbery, the contemnor No. 2 reported the matter to Tahsil Police Station, Nagpur, at about 5.25 p.m.

5. The Police machinery moved the wheels of investigation and ultimately, it is alleged by the prosecution, that some amount, ornaments and other articles were seized from the petitioners/accused. After the completion of the investigation, the charge-sheet was filed in th

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