Judgment

Panigrahi, C J

[1] This is a reference made by the Sessions Judge Sambalpur-Sundargarh, recommending that the order of conviction passed by Shri H. P. Hota, Magistrate, First Class, Deogarh, under Section 228 , I.P.C. be set aside.

[2] The facts are that the petitioner, Puma Chandra Majhi filed a complaint under Section 504 , I, P. C. against the Sub-Divisional Magistrate, Deo 'garh,. Mr. Mohammad Shariff. The complainant was examined by a Magistrate of the First Class, Shri Hota, and his statement on oath was recorded. The Magistrate, however, felt that the complaint was not maintainable for want of sanction under Section 197, Cr.P.C. In this view the dismissed the complaint, petition, under Section 203, Cr. P. C.

After' pronouncing the order, the Magistrate directed the complainant to bring his lawyer so that he may go through the order passed by him. But the complainant expressed surprise at this, and enquired how his complaint could be dismissed without any examination of his witnesses. According to the Magistrate the complainant repeated this statement several times with the deliberate intention of insulting him.

He therefore drew up proceedings for contempt against th