GULAB CHAND GUPTA, J.

( 1 ) THIS order will also dispose of M. Cr. C. No. 2354/89 which is closely connected with the facts of the case and raises common questions of fact and law for decision of this Court. This is a reference u/s. 15 (2) of the Contempt of Courts Act, 1971 (hereinafter referred to as the Act) by Shri O. P. Mandloi, Third Addi. District and Sessions Judge, Raipur alleging that the respondent-contemner Ram Murat Shukla has published contemptuous matter about him and the Court and has committed criminal contempt within the meaning of Section 2 (c) of the Act, and deserves punishment u/s. 12 thereof. He has therefore prayed that this Court should be pleased to take cognizance of the contempt and pass suitable orders of punishment against the respondent- condemners. This Court perused the said reference and found a prima fade case for taking action against the respondent-contemner. A notice was therefore issued on 12/9/1989 to secure his presence in this Court. Order-sheets of two cases indicates that the notice could not be served on the contemner for one reason or the other and therefore on 19/11/1990, this Court issued a non- bailable warrant of his arrest. Thereafter, on 15/1/1991 Shri M. M. Agrawal, Adv. appeared for the respondent contemner and prayed for cancellation of warrant after giving an undertaking that the respondent contemner shall remain present in the Court on 31/1/1991. The respondent No. 1 appeared in this Court on 31/1/1991 and med his reply, submitting that he does not know which part of the alleged publication was contemptuous. He however tendered on unconditional apology. Thereafter he never appeared in this court inspite of undertaking given by his counsel on 5/3/1991, 1381991 26/9/1991 and 24/1/1992. We have however heard the learned Dy. Advocate General in support of the reference and Shri M. M. Agrawal for the contemner. The respondent-contemner Ram Murat Shukla is a practising Advocate at Raipur. He is also the Editor of Weekly newspaper Ubalta Lahu. It appears that the issue dated 26/6/1989 of the said newspaper published a news-item relating to S. D. O. , P. W. D. Shri Soni and in that connection, alleged that Magistrate at Baloda Bazar have maintained co-ordination with said Shri Soni and enjoy food and drink with him. The newspaper also alleged that Shri Mandloi, who presides over the link Court, is also connected with said Shri Soni and has become Lakhpati because of that connection. It was also alleged that the unholy alliance between Soni and Mandloi has made judicial department a suspect and Soni was also alleged to be making special arrangements for enjoyment of Mandloi. Since the original news-item is in Hindi, it reads as under:lok NIRMAN VIBHAG ME VARSHON SE ANGAD KE PANV KI TARAH J AME HUVE anuvibhagiya ADHIKARI SON! EN DINON SHETRA ME CHARCHA KE PRAMUKH KENDRA bane HUVE HA, JAHAN PARMUKH RUP SE EN HALKO ME SONI KE SHISHTACHARI ACHRAN ka AK ACHA SMANV A Y JISME BALODA BAJAR KE MAJISTRATE KE SATH MADHU tathamadhy APANKE DAURKO MANAJATAHE. BEHARHAL SONO KO ES MARTV APURN guno SE AAJ KARORO RUPYON KA MALIK BATAYA GAYA HAl. SUTRO NE SONI KE UKT SHISHTACHARI SMANVAYA KA DAYRA VAHAN LINK KORT padasth AK NAYAY ADHISH MANDLOI TAK BHI HONA BATAYA HE. JO ENKI AAR ME SUVAM lakhpati KE SHRENI ME GINE JANE LAGE HEN. DUSRI OR SONI OR MANDLOI KI santhganthse NAYAY VIBHAG KO SHANKA KI DRISHTI SE DEKHA JA RAHA HE. SHETRIYA halkon KE AK CHARCHA MAIN IN DINQ S. D. O. SONI DVARA MANDLOI KE LIYA AK KHAS intjam TATHA USMAIN LIPT RAHNE UKT THIKANE KE INTJAM PAR KAPHI tippnisavachand ALANKARKE LAY ME KAHI JA RAHI HA. It appears that the Bar Association Baloda Bazar was not agreeable to this comment and held its emergency meeting on 29/6/1989 and condemned the aforesaid statement against Shri O. P. Mandloi. Judicial Officers posted at Raipur also held a meeting on 30/6/1989 and condemned the said statement. The Resolution of the Judicial Officers mentioned that the intention of respondentcontemne

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