Neutral Citation No. - 2023:AHC:197705-DB

Court No. - 39

Case :- CONTEMPT APPLICATION (CRIMINAL) No. - 15 of 2022

Applicant :- In Re

Opposite Party :- Sri Shubham Kumar Advocate

Counsel for Applicant :- Sou Moto,Ashish Mishra

Counsel for Opposite Party :- Ashok Kumar Upadhyay

With

Case :- CONTEMPT APPLICATION (CRIMINAL) No. - 14 of 2022

Applicant :- In Re

Opposite Party :- Subhash Kumar Advocate

Counsel for Applicant :- Sou Moto,Ashish Mishra

Counsel for Opposite Party :- Ashok Kumar Upadhyay

Hon'ble Saumitra Dayal Singh,J.

Hon'ble Rajendra Kumar-IV,J.

1. The present contempt proceeding has arisen upon the Reference

made by the then Additional Principal Judge Family Court No. 1,

Aligarh on a written complaint dated 09.05.2022. Connected

reference has also similarly arisen. Thus one reference is against

the litigant Subhash Kumar and other against his lawyer Shubham

Kumar. Relationship of father and son exists between litigant and

his lawyer.

2. The said complaint has been forwarded to this Court by the then

learned Additional Principal Judge, Family Court No. 1, Aligarh

vide communication dated 25.07.2022. The Reference were

registered after following the due procedure.

3. Upon Reference being thus entertained, notices were issued to

both Subhash Kumar in Contempt Application (Criminal) No. 14

of 2022. Similar notice was also issued to Shubham Kumar in

Contempt Application (Criminal) No. 15 of 2022.

4. Since, the contempt proceedings came to be drawn up with

respect to six cases, all involving the said Subhash Kumar and

since the entire transaction took place on the same date, we have

chosen to deal with the two explanations by this common order.

5. The allegation against Subhash Kumar is of having misbehaved

in the court of the learned Additional Principal Judge, Family

Court No. 1, Aligarh at about 11:30 a.m. on 09.05.2022 while that

court was in the process of hearing another case being Case No.

273 - 2019 (Suman vs. Vinod).

6. Perusal of the complaint reveals that in the forenoon session, the

said Subhash Kumar misbehaved inside the court hall and started

shouting about his matter being not called out. When asked to

wait, he refused and continued his unruly behaviour. Despite being

warned, he continued to misbehave as has led to contempt

proceeding being drawn. It is on that allegation of having thus

obstructed the judicial proceedings that the criminal contempt has

arisen against him. In respect to Shubham Kumar, the learned

Additional Principal Judge Family Court No. 1, Aligarh has

complained that in the afternoon session, he caused disruption of

hearing in Case No. 957 - 2016 (Mithelesh Kumar vs. Rajesh), on

the date 09.05.2022. He is accused of having offered unruly and

loud behaviour and of threatening the court by seeking transfer of

proceedings. On being required to act in a civilized manner, he is

described to have refused to abide by that advise given by the

court and to have insisted to continue to speak in the same manner.

He is further, alleged to have stated that in any case his father 70

years old man may never have misbehaved with the court.

Obviously, the reference to his father may have occurred with

respect to what had happened (in the forenoon session), at an

earlier point of time in the course of proceeding in Case No. 277 -

2019 (Suman vs. Vinod).

7. Not stopping at that, the said Shubham Kumar is described to

have shouted in loud voice that he is a practitioner of the

Allahabad High Court and that he knows how to deal with petty

courts. At that stage he is also alleged to have threatened to lodge a

complaint against the Presiding Officer. Despite repeated

reprimand, he continued to use un-parliamentary language and

continued to obstruct the judicial proceeding that were otherwise

continuing.

8. Today, both Subhash Kumar and Shubham Kumar have

appeared in person. While they had earlier engaged Sri Ashok

Kumar Upadhyay as the