Allahabad High Court Issues Contempt Notice To A DSP Who Told His Name To A Judicial Magistrate In A 'Discourteous' Manner

The bench of Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi issued the show cause notice to Rajesh Kumar Tiwari, Circle Officer, Thakurdwara, Moradabad on a reference made to it by the Additional Civil Judge (Junior Division)/Judicial Magistrate Moradabad.

In its reference, the court concerned stated 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 see it from the records and that he is 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 found a prima case against the erring police official 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.

The Court has also directed for the listing of the case after the service of notice, on which date a reply may be filed through counsel.

While issuing notices, the Registry has further been directed to ensure that a copy of the complaint written by the concerned court through District Judge, Moradabad is also sent along with the notice.

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

Click Here To Read/Download Order