( 1 ) THE question that arises in this Special Criminal Application is about its maintainability under Article 226 of the Constitu- tion. The petitioner was convicted under sec. 345 of the Code of Criminal Procedure 1973 by a Commissioner appointed by the City Civil Court Ahmedabad as he found that the petitioner was causing interruption to him in the discharge of his judicial functions. He was sentenced to a fine of Rs. 175. 00 and in default of payment of fine to simple imprison- ment for fifteen days.

( 2 ) THE facts which compelled the Commissioner to take action under sec. 345 of the Code of Criminal Procedure 1973 against the petitioner are these. In judicial proceedings held by the Commissioner pursuant to a preliminary decree in a partition action certain questions in cross-examination were put to the petitioner defendant No. 1 who was a witness before the Commissioner by the counsel appearing for the opposite side. The Commissioner noticed the petitioner answering the questions in an insulting manner and he was warned several times to behave properly and answer the questions. His answers to the Commissioner were very rude and insulting. His own advocate ha