JUDGMENT

D.S. Mathur, J. - This application for taking proceedings under the Contempt of Courts Act against Sri K.S. Azad, Editor, Guruwani newspaper, has been made by Sri Niranjan Prasad Agrawal on 6-7-1970. The Contempt committed is of the court of Sri Bidesi, SDM, Mathura, in whose court the criminal case Smt. Ketuki v. Khemchandra u/s 145 of the Code of Criminal Procedure was pending. The application arises out of the following news item published in the Guruwani newspaper on 21-2-1970:

Ketuki banam Khemchandra ke Mukadma men ghotala munshi ke parche ke upar Khemchandra ki tarikhon ko teen bar hataya ek dhogi neta 1 oor se 4 sau aur ek oor se 1000 dakar gaye aur sampadak ko badnam karne ki firak men hai pata nahin uski niji dalali hai ya hakim ke sanket par enke court ke ghotala ki sikayat D.M. Basti ne bhi ke batai hai kramsha.

2. The opposite party Sri K.S. Azad put in appearance in court and stated that he could prove his allegations against the Applicant. Thereupon, Hon'ble M.H. Beg. J. ordered on 3-12-1970 that an inquiry be conducted by the Sessions Judge, Mathura. The Sessions Judge conducted the inquiry and submitted his report dated 18-12-1971. He was of the opinion that