Ranjana Pandya ORDER
Sudhir Agarwal, J.
1. This criminal contempt application has been registered pursuant to a reference dated 26.09.2014 made by Shri Manraj Singh, Chief Judicial Magistrate, Hathras (hereinafter to referred as CJM) which has been forwarded by District Judge, Hathras vide endorsement dated 29.09.2014.
2. The CJM, in reference dt.26.09.2014 has given background facts, that a Criminal Case No. 414 of 2002 under Sections 467, 468, 471, 420 IPC, Police Station Kotwali, District Hathras was pending in the Court of CJM, Hathras. Another Criminal Case No. 160 of 2005 under Sections 323 and 506 IPC, PS Kotwali, District Hathras was also pending in his Court against Ajai Kumar Bhardwaj, Advocate (hereinafterto referred as the 'Contemner') and his brother. The contemner and other advocates were pressurizing the CJM to dispose of both the matters. Besides, on 27th of August, 2014 an application No. 503/12/14 under Section 156(3) Cr.P.C., Police Station Kotwali, Hathras was filed on behalf of one Saba Anees D/o Anees Ahmad against five persons through Shri Ajai Kumar Bhardwaj, Advocate, the contemner. The Magistrate when commenced hearing, the contemner shouted in open Court that either application should be disposed of directing registration of First Information Report or rejected. The Court should not register it as a complaint. On the order sheet dt. 27.08.2014, the Magistrate reported the aforesaid incident as under:--
"The file was put up. On being called the applicant alongwith learned counsel Sri Ajay Kumar Bharadwaj appeared. In course of hearing, the learned counsel submitted that his application u/s. 156(3) Cr.P.C. may either be allowed with a direction to register a case or be rejected not entertaining it as a complaint. Prior to hearing over the application, the aforesaid statement was made without paying respect to the court which appears not to be justifiable. File be put up on 13.09.2014 for hearing."
(English translation by Court)
3. Several other instances have been given by CJM showing that contemner was in the habit of making false complaints against the conduct and character of Judicial Officers as also Court Staff, in one or the other way. He (the contemner) submitted a letter dated 18th of September, 2014 on the letterhead of District Bar Association, Civil Court, Hathras stating;
"1. The applicant is being threatened and intimidated every now and then in several ways by the aforesaid C.J.M. by way of holding out a warning that if he did not withdraw his complaints, he would be falsely implicated by any police station or be killed by orchestrating an encounter through his bodyguards or demented policemen.
2. The applicant is under persistent life threats and the said learned C.J.M. Sri Manraj Singh may orchestrate even his murder by occasioning the commission of inhuman activities through his subordinates Sri Omvir Singh, ACJM and Smt. Chitra Sharma, Civil Judge (Senior Division). If he is murdered, the threesome of them may be held responsible.
3. Sir, it is, therefore, requested that if earliest action is not taken over the complaints, the applicant will be forced to undertake successive fasts and fast unto death." (English translation by Court)
4. It is said that the aforesaid scurrilous statements and allegations made against Judicial Officers of the Court amount to criminal ........