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1960 Supreme(Pat) 33

TARKESHWAR NATH, H.K.CHAUDHURI
State Of Bihar – Appellant
Versus
Shiv Prasad Lal Seth – Respondent


Judgment

Tarkeshwar Nath, J.

1. This Court by an order dated 4-8-59 directed that notices be issued to Shiv Prasad Lal Seth and Rai Sharda Prasad Chowdhary, Pleader Hazaribagh, to show cause why they should not be committed for contempt of Court for scandalising the Court of Mr. S. S. Singh, Magistrate first class, Hazaribagh, by making certain aspersions in respect of the Judicial orders passed by that Magistrate and those aspersions were made in a notice sent to the Chief Secretary to the Government of Bihar and others under their signatures dated 2-8-56.

2. The facts relevant to the present proceeding for contempt are these. On 13-5-55 the Chairman of the Hazaribagh Municipality instituted a case against Nemichand Jain and Shyam Sunder Sao in respect of certain offences under the Bihar Prevention of Food Adulteration Act in the court of the Sub-divisional Magistrate at Hazaribagh. The learned Magistrate took cognizance of the offence the same day and summoned both the accused fixing 1-6-55 for trial. It appears that Nemichand Jain appeared on 1-6-55 and he was ordered to be released on bail of Rs. 1000.00 and Shiv Prasad Lal Seth stood surety for him.

The other accused Shyam Sund





















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