ORDER ANAND PATHAK, J. : – Reference under section 15(2) of The Contempt of Courts Act, 1971 received by this Court being sent by Judicial Magistrate First Class, Datia in respect of the conduct of respondent.

2. From the contents of reference and the documents/record appended thereto, it appear that a Criminal Case No. 297/2016, State vs. Manoj Sahu and others was going on before the concerned trial Court in which accused were facing charge of offence under sections 452, 294, 323/34 and 506(part II) of Indian Penal Code. On 10-2-2021 case was fixed for prosecution evidence. Complainant as prosecution witness Harimohan Tiwari was present and being examined. Respondent-Pankaj Mishra who is a practicing Advocate at District and Sessions Court, apparently appeared for complainant, although at the time of appearance he did not file Vakalatnama on behalf of complainant nor any application under section 301 of Criminal Procedure Code was filed. It appears from the record/proceedings that prosecution witness Harimohan Tiwari went out from Courtroom for the time being during cross-examination which was taken note of by the trial Court and matter was kept after tea break.

3. After tea break