The Karnataka High Court has sentenced an advocate to simple imprisonment for three months after holding him guilty of criminal contempt for forging an interim order of the Court by altering its date and adding the names of students who were not petitioners in the writ petitions.

It was observed that the accused had attempted to interfere with the due course of judicial proceedings and polluted the stream of justice by forging an order passed by the Court, and directed the police authorities present in Court to take him into custody forthwith to serve the sentence.

The Division Bench of Justice DK Singh and Justice H Shanthi Bhushan directed, "Mr. Chethan Kumar, the accused/contemnor, is present in Court. As the charge stands proved and since the contemnor has attempted to interfere with due course of the judicial proceedings and polluted the stream of justice by forging an order passed by this Court, we sentence him to simple imprisonment for a period of three months...We direct the police authorities present in the Court to take him into custody forthwith to serve the sentence imposed by this order."

SPP BN Jagadeesha appeared for the Complainant, while Advocate Archana KM appeared for the Accused

The suo motu criminal contempt proceedings were initiated against the accused pursuant to an order passed by the Court in a batch of writ petitions filed by 26 students.

The writ petitions were moved before the Vacation Bench, which, by an interim order, directed the respondent-colleges to receive the application forms submitted by the petitioners/students, subject to the result of the writ petitions.

The petitioners filed a complaint before the Registrar General of this Court alleging that the interim order was fabricated by altering its date to a Saturday, when the Court was closed.

It was further alleged that names of certain persons, who were not petitioners in the writ petitions, were added in the cause title, as if an order had been passed by the Court in their favour against the respondent-institutions.

The matter was investigated by the police, a charge sheet was filed, and the accused was facing trial in the criminal case.

The writ Court directed the Registry to place the matter before the Acting Chief Justice for further direction.

In pursuance of the order of the Acting Chief Justice, suo motu contempt proceedings were initiated, and the present case was registered on the basis of the complaint.

Upon consideration of the reply, this Court framed a charge against the accused, alleging that he fabricated the order of this Court by altering its date and that the cause title of the fabricated order was not identical with that of the original order, thereby amounting to criminal contempt within the meaning of Section 2(c) of the Contempt of Courts Act, 1971, punishable under Sections 11 and 12 of the Act.

The Court observed, "As many as six witnesses have been examined and the statement of the contemnor/accused was recorded under Section 313 of the Code of Criminal Procedure, 1973, wherein all the incriminating material were put to him. The contemnor/accused has not denied the charge of forging the date of the interim order dated 28.09.2017 to read as “28.10.2017” nor has he denied adding the names of students who were not the petitioners. Since the charge of committing criminal contempt by forging the date of the interim order dated 28.09.2017 has been proved, the question which now arises for consideration is as to the quantum of sentence to be inflicted upon the contemnor/accused."

The Court directed the Registrar (Judicial) to issue a conviction warrant against the accused as per Rule 16 of the High Court of Karnataka (Contempt of Court Proceedings) Rules, 1981.

Accordingly, the Contempt Proceedings were closed.

Cause Title: High Court of Karnataka v. Sh. Chetan Kumar [Neutral Citation: 2026:KHC:59694-DB]

Appearances:

Complainant: SPP BN Jagadeesha

Accused: Advocate Archana KM

Click here to read/download the Order

Tags: