Apology Should Be With Genuine Remorse & Repentance And Not A Calculated Strategy To Avoid Punishment: Jharkhand HC
The Jharkhand High Court has observed that an apology should be tendered with a sense of genuine remorse and repentance, and not a calculated strategy to avoid punishment.
The bench of Justice Sanjay Kumar Dwivedi noted that an apology should not be a paper apology, and expression of sorrow should come from the heart and not from the pen.
The Court made this observation while dealing with a matter connected to a case under Dowry Prohibition Act and Section 498-A of Indian Penal Code.
The petitioner-accused had sought quashing of FIR registered against him under Sections 341, 323, 494 and 498-A of the Indian Penal Code and Section 3/4 of Dowry Prohibition Act.
The Court refused to grant any relief to the petitioner.
The Counsel for the opposite party drew the attention of the Court towards the I.A. filed on by the petitioner and submitted that in the said I.A., he has tried to scandalize the entire judiciary and has not even spared the Judges of the High Court as well as the Supreme Court.
Advocate Prashant Kumar Rai appeared for the opposite party and Pankaj Kumar Mishra, A.P.P appeared for the State.
The Court observed that "The statement made in the I.A. clearly suggests that this petitioner is appearing in person making unfounded allegations against the judges, who are working tirelessly to dispose of the matters."
The petitioner, who appeared in person, apologized and prayed for withdrawal of the I.A.
The Court noted that the apology tendered by the petitioner in the instant case is at belated stage is only to escape the punishment of the court and it should not be acceptable.
"In that view of the above and considering that the apology is not coming from the core of the heart of the petitioner, the apology is not accepted and the same is rejected.", the Court held.
The Court took suo motu cognizance of contempt of court against the petitioner.
The Court directed issuance of notice of contempt to the petitioner.
Cause Title- Dr. Sanjay Kumar v. The State of Jharkhand & Anr.