Allahabad HC Directs DSP To Tender Unconditional Apology In Person To Judicial Magistrate Over Contemptuous Behaviour

The Additional Civil Judge (Junior Division)/Judicial Magistrate, Moradabad had made a reference to the Court stating that while recording the statement of a victim under section 164 CrPC, the Investigating Officer showed disrespect to the concerned court and refused to disclose his name on the ground that the judge can see it from the records and that he is not required to tell his name.

Further, the Investigating Officer told his name in a discourteous and contemptuous manner. He had also commented that for the first time, he is writing a statement under section 164 of CrPC, and that he being the Circle Officer, Thakurdwara should not be taught the procedure and then had left the court.

A bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi observed, “We permit the contemnor to appear before the concerned Presiding Judge and submit his unconditional apology, before his apology tendered before this court is considered”.

The bench had earlier on October 6, 2023, noted that it was a case, where the prima facie allegation with regard to commissioning of criminal contempt in terms of Section 2(c) of the Contempt of Courts Act, 1971 was made out against the opposite party.

The bench had then issued notice to Rajesh Kumar Tiwari, Circle Officer, Thakurdwara, Moradabad to show cause as to why contempt proceedings should not be initiated against him under Section 2(c) of the Contempt of Courts Act, 1971 for threatening the court, humiliating and dignity of the Court.

While issuing notice, the Court had then directed the Registry to ensure that a copy of the complaint written by the concerned court through District Judge, Moradabad is also sent along with the notice within a week. The Registry was further directed to furnish a complete set of records to the counsel for the Court.

Cause Title: In Re v. Shri Rajesh Kumar Tiwari, Circle Officer