Hon’ble Sudhir Agarwal, J.—This criminal contempt application has been registered pursuant to a reference dated 27.9.2014 made by Shri Om Veer Singh, Additional Chief Judicial Magistrate, Hathras (hereinafterto referred as ACJM) which has been forwarded by District Judge, Hathras vide endorsement dated 29.9.2014.

2. The said ACJM is posted in the District Judgeship of Hathras since 21.12.2013. Prior to this he was posted as Civil Judge (J.D.) in Hathras since 18.4.2013. Several instances have been given by ACJM showing that Ajai Kumar Bhardwaj, Advocate (hereinafterto referred as ‘Contemner’) was in the habit of making false complaints against the conduct and character of Judicial Officers as also Court Staff in one or the other way. He (the Contemner) submitting a letter dated 18th of September, 2014 on the letterhead of District Bar Association, Civil Court, Hathras stating as under :

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“1. The applicant is being threatened and intimidated every now and then in several ways by the aforesaid C.J.M. by way of holding out a warning that if he did not withdraw his complaints, he would be falsely implicated by any police station or be killed by orchestrating an encounter through his bodyguards or demented policemen.

2. The applicant is under persistent life threats and the said learned C.J.M. Sri Manraj Singh may orchestrate even his murder by occasioning the commission of inhuman activities through his subordinates Sri Omvir Singh, ACJM and Smt Chitra Sharma, Civil Judge (Senior Division). If he is murdered, the threesome of them may be held responsible.

3. Sir, it is, therefore, requested that if earliest action is not taken over the complaints, the applicant will be forced to undertake successive fasts and fast unto death.” (English translation by Court)

3. The ACJM has said that the aforesaid allegations and scurrilous statements made against the Judicial Officers of Court amount to “criminal contempt”.

4. As per the Rules, the matter was examined by a Committee consisting of two Hon’ble Judges and taking the view that various documents contain allegations which prima facie constitute “criminal contempt”, made recommendation dt. 23.2.2015 for placing the matter before the Court having determination of Criminal Contempt. The aforesaid recommendation was approved by Hon’ble the Chief Justice on 17th of March, 2015.

5. The matter came up before Division Bench and on 8th of April, 2015, after being satisfied that there is a prima facie case of “Criminal Contempt” on the part of Contemner, the Court issued notice to show-cause, why the Contemner be not tried for committing ‘criminal contempt’ after framing charge.

6. The Contemner appeared and filed affidavit sworn on 11th May, 2015 stating that the letters etc. which he has sent, were in his capacity as ‘Secretary of Bar Association’ and he was simply conveying the resolution passed by Association, therefore, is not himself guilty of committing any contempt. In brief, the contents of his affidavit are that he is a practising Advocate, elected Secretary of Bar Association and held the said office up to 6th of April, 2015. There were general complainants by the members of Bar Associa