Allahabad High Court Issues Contempt Notice To An Advocate Accused Of Stalking, Sending Obnoxious Messages To A Lady Judge

The Allahabad High Court has issued a show cause notice to an advocate asking why criminal contempt proceedings should not be initiated against him for allegedly stalking and sending obnoxious and disturbing messages and casting indecent remarks against a lady judicial officer on her Facebook account.

The order was passed almost a month after a single judge of the High Court cancelled the bail granted by the district court to the accused/contemnor-advocate on the plea moved by the lady judge herself.

Essentially, the case involves one Abhay Pratap, an advocate practising in the Maharajganj court, who, as per the allegations levelled by the lady judicial officer, who was posted as a Civil Judge (Junior Division)/Judicial Magistrate in the same District, started sending obnoxious messages to her and he also cast certain remarks through messages on Facebook account of the applicant.

After the concerned officer blocked the contemnor, he started coming to the court of the judicial officer and he would sit in her court without any work, gazing at her continuously.

With the passage of time, it became difficult for her to concentrate on her work and perform the work assigned to her and therefore, left with no other alternative, she lodged a first information report against him and he was booked under Sections 186, 228, 352, 353, 354, 354-D, 506, 509 IPC and Section 67 I.T Act

Consequently, he was arrested on November 23, 2022, however, he was granted bail by the Sessions Judge on December 17, 2022. Challenging the bail order, the victim moved to the High Court seeking cancellation of the bail.

The HC allowed the plea last month and also directed the Registry of the Court to place the case before the appropriate Bench for taking suo moto cognizance of the criminal contempt committed.

Pursuant to the single judge's order, a division bench comprising Justice Ashwani Kumar Mishra and Justice Vinod Diwakar took up the matter suo moto and after taking into account the facts of the face, the bench found that the act of the contemnor prima facie amounted to criminal contempt referred to in section 2 (c) of the Contempt of Courts Act, 1971.

Consequently, the Court issued notice to the accused-contemnor 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 scandalizing and undermining the authority and dignity of the court.

With this, the matter has been directed to be listed after the service of notice. While issuing the notices within a week, the Court added, the Registry will ensure that a copy of the order passed by the court on 20th March, 2023 in Bail Cancellation Application be also sent along with the notice. 

Case title - In Re vs. Abhay Pratap [CONTEMPT APPLICATION (CRIMINAL) No. - 8 of 2023]

Click Here To Read/Download Order