Allahabad HC Directs A DSP To Tender An Unconditional Apology In Person To A Judicial Magistrate For Disrespecting Her

Update: 2023-11-25 07:02 GMT
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The Allahabad High Court on Monday directed a Deputy Superintendent of Police, for showing disrespect to a Judicial Magistrate, to personally appear before the concerned Presiding Judge, and submit his unconditional apology. A bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi passed the order while dealing with a contempt matter concerning the incident....

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The Allahabad High Court on Monday directed a Deputy Superintendent of Police, for showing disrespect to a Judicial Magistrate, to personally appear before the concerned Presiding Judge, and submit his unconditional apology.

A bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi passed the order while dealing with a contempt matter concerning the incident.

The Court said that it was permitting the contemnor to appear before the concerned Presiding Judge and submit his unconditional apology before his apology tendered before the High Court is considered.

It may be noted that last month, the Allahabad High Court issued a contempt notice to the erring police officer for showing disrespect to a Judicial Magistrate by telling his name to the court in a discourteous and contemptuous manner.

The contempt case was initiated on a reference made to the HC by the court concerned stating that during the recording of the statement of a victim under section 164 CrPC, the Investigating Officer showed disrespect to the court and refused to disclose his name on the ground that the judge could herself see it from the records and that he was not required to tell his name.

The reference further stated that later on, the police officer told his name to the Court in a discourteous and contemptuous manner by stating that it was not the first time that he was writing a statement under section 164 CrPC. and hence, he should not be taught the procedure and then left the court.

Taking into account the reference, the High Court last month found a prima case against him regarding the commissioning of criminal contempt in terms of Section 2(c) of the Contempt of Courts Act, 1971 and therefore, a show cause notice was issued to him.

Case title - In Re vs. Shri Rajesh Kumar Tiwari, Circle Officer

Click Here To Read/Download Order


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