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1969 Supreme(P&H) 43

GOPAL SINGH
State Through Judicial Magistrate 1st Class, Hoshiarpur – Appellant
Versus
Harbhaj Ram (M. L. A. ) – Respondent


Judgment

1. This is a case of contempt under Section 3 of the Contempt of Courts Act 1952 against Shri Harbhaj Ram, Ex-M. L. A., Punjab. The proceedings have been initiated at the instance of Shri T.N. Gupta, Judicial Magistrate, 1st Class, Hoshiarpur.

2. Arguments were heard by Shri T.N. Gupta on January 15, 1968 in the following two cross cases pending in his Court :

(i) Case No. 195/2 entitled as State V/s. Santu and others under Section 326 read with Section 34, Indian Penal Code.

(ii) Case No. 218/2 entitled as Tarsem V/s. Faqir and others under Section 325 read with Section 34, Indian Penal Code.

3. In case No. (i), Smti. Mango is the complainant while in case No. (ii), she is an accused person. After hearing the arguments, the cases were adjourned for pronouncement of judgements to the following day on January, 16, 1968.

4. At 9-15 A.M. on January 16, 1968, Shri Harbhaj Ram, the contemner visited the house of the Magistrate. He sent in a chit written in his own handwriting bearing the following words :

"Harbhaj Ram, M. L. A. (R)"

5. That chit has in original been annexed to the complaint forwarded by the Magistrate against the contemner. It is stated in the complaint that the









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