NARASIMHAM, J.

( 1 ) THESE proceedings relate to contempt of the Court of the Additional Munsiff of Cuttack alleged to have been committed by Shri S. S. Roy, a 1st Class magistrate, and by Sri Sankar Charan Sahu, a Sub-inspector of Police. Original criminal Miscellaneous Case No. 11 of 1951 was started on the basis of a report submitted to this Court by the Additional Munsiff of Cuttack Sri B. K. Das. Original Criminal Miscellaneous Case No. 14 of 1951 was started on a petition filed before this Court by M. S. Rao, a Senior Advocate of this Court. Both the cases refer to the same incident and consequently they have been heard analogously and will be governed by the same order.

( 2 ) MR. M. S. Rao had obtained a decree in 1935 against one Hrudananda Sahu and the execution of that decree was pending in the Court of the Additional munsiff (Second Munsiff) of Cuttack in Execution Case No. 18/258 of 1948/46. In that execution case a warrant of arrest under Order 21, Rule 18, C. P. C. , was issued against the judgment-debtor Hrudananda Sahu on 14-10-1949, for the realisation of the balance of the decretal amount of Rs. 836/1/- and it was handed over to a process-server of the Munsif's