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1999 Supreme(Del) 219

High Court Of Delhi
SWATI ACHARYA - Appellant
Versus
ARUNA SURESH - Respondent
CRIMINAL APPEAL 4 of 1998
Decided On : 03/19/1999

Advocates Appeared:
A.K.NIGAM, ARUN JAITLEY, P.N.LEKHI, Vijay Chaudhary

Headnote:(i) Contempt of Courts Act, 1971- Section 15 - Contempt petition by a person other than the standing counsel Same should be placed before the Chief Justice and Chief Justice may decide whether to take cognizance of information. (Para 3)

       (ii) Contempt of Court, 1971 - Petitioner, prosecutrix in a case u/ss 114, 120-8, 506, 376/511, IPC, alleging to have been threatened and humiliated and scolded by trial Judge to receive a compensation from accused withdraw her complaint - Allegation appearing misconceived - Difference between the stand taken by petitioner in the petition and rejoinder - Contention that petitioners were pressurised by Trial Judge to accept offer of compensation from accused in a heinous crime did not commend - Protection has to be extended to Judges so that they were able to function fearlessly Petition .was liable to be dismissed. (Paras 7 to 9)

       Result: Petition dismissed.

       

Anil Dev Singh, J.

( 1 ) THIS is a petition under Article 215 of the Con- stitution of India whereby the petitioners pray that proceed- ings for Contempt of Court be initiated against the first respondent, who is the Additional Sessions Judge, and the second respondent, who is one of the persons against whom the first petitioner lodged a First Information Report, being No. 733/95, regarding commission of offences under Sections 114, 120-B, 506, 376/511 Indian Penal Code with Police Station, Janakpuri, New Delhi. The facts relevant for the disposal of the peti- tion are as follows:-

THE first petitioner is the daughter of Mr. Ajay Acharya and Mrs. Neerja Acharya. According to the aforesaid FIR, the father of the first petitioner Mr. Ajay Acharya died as a result of an illness in the year 1991. During his illness his friend, Mr. Jaswinder Pal Sethi, the second respondent, started visiting him at his residence C-4-D/39-B, Janakpuri, New Delhi. It is alleged that the mother of the first petitioner, Smt. Neerja Acharya, developed illicit rela- tions with the second respondent, They started living as husband and wife even during the life time of Mr. Ajay Acha- rya. Despite the fact that Mr. Ajay Acharya was suffering from lever problem, the second respondent forced him to drink liquor with a view to get rid of him. After the death of Mr. Ajay Acharya, the second respondent shifted to C-4-D/39b, Janakpuri, New Delhi and has been residing since then with Smt. Neerja Acharya. As per the further allegation contained in the FIR, the second respondent was having evil eye on the first petitioner and was making obscene gestures to her. On 7/9/1995 when the first petitioner went to the bath- room to take her bath the second respondent forcibly entered the same. Upon this, the first petitioner raised an alarm. Smt. Neerja Acharya came at the door step of the bathroom and threatened the first petitioner to follow the directions of the second respondent. Smt. Neerja Acharya also caught hold of the hands of the first petitioner and the second respon- dent tried to perform "dirty act" with the first petitioner. At that time the paternal grandmother of the first peti- tioner, Smt. Shyamla Acharya came to her rescue and extricated her from the second respondent and her mother. The police registered the FIR and investigated the same. After inves- tigation, charge sheet was filed against the second respon- dent and Smt. Neerja Acharya in the Court of the first respon- dent.

( 2 ) TWO actions have been attributed to the first respondent which according to the petitioners amount to Con- tempt of Court: i) The first respondent on 7/4/1997 issued bailable warrants against the petitioners in the sum of Rs. 3000. 00 alongwith notices under Section 350 of the Code of Criminal Code for their non-appearance in the Court with a view to secure their presence even before framing of charges against the accused in gross violation of the procedure laid down in the Code of Criminal Procedure; and ii) On 15/7/1997 when the petitioners appeared before the first respon- dent, she started scolding and threatening them and asked them to withdraw the complaint, and told them that if they do so, they will receive a sum of Rs. 7 lakhs from the second respon- dent. When the petitioners refused to accept the offer made by the first respondent, they were harassed, humiliated and ill treated by her. The petitioners having become nervous due to aggressive behaviour of the first respondent, requested for an adjournment to consider the offer. On the next date when the petitioners appeared before the first respondent, she offered a draft of Rs. 1 lakh to the peti- tioners with the promise that the balance sum of Rs. 6 lakhs shall be paid to them at a later date. On the refusal of the petitioners to accept the offer, they were again threatened and humiliated by the first respondent.

( 3 ) WE have heard the learned counsel for the parties at length. It appears to us that in consonance












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