The Allahabad High Court has issued Contempt Notice to a practicing Advocate who allegedly sent 'obnoxious messages' to a woman Judicial Magistrate while she was dispensing her duties.
The Division Bench of Justice Ashwani Kumar Mishra and Justice Vinod Diwakar observed that the act of the opposite party amounts to criminal contempt referred to in section 2 (c) of the Contempt of Courts Act, 1971.
"Issue notice to Sri Abhay Pratap, Advocate, 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 levelling baseless insulting allegations, scandalizing and undermining the authority and dignity of the court" the court ordered.
Previously, a single-judge bench had denied him bail remarking that the 'Policy of Zero Tolerance' in such matters has become imperative.
The applicant is posted as Metropolitan Magistrate, Kanpur Nagar at present. At the time of the incident in question, she was posted as Civil Judge (Junior Division)/Judicial Magistrate in District Court Maharajganj. While she was performing her judicial duty, the opposite party no.2, Abhay Pratap, who is also a practicing Advocate in the same court, started sending obnoxious messages and casting certain remarks through messages on Facebook account of the applicant. On noticing the messages of opposite party no.2, the applicant blocked the opposite party no.2 from sending messages.
Thereafter the accused-advocate got the official mobile number of the applicant and started sending messages on the same. He used to come to her court without any work and gazed at her continuously. When the limit to tolerance was crossed by the opposite party no.2, the applicant lodged the FIR against him.
The accused had been booked under Sections 186, 228, 352, 353, 354, 354-D, 506, 509 IPC, and Section 67 I.T Act.
The Court mentioned that, previously also it dealt with a similar case involving a Lawyer of District Court committing such offences against a female Presiding Officer and therefore before this meance spreads further the advocate-accused ought to be dealt with iron hands through the initiation of proceedings for criminal contempt.
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(With input from news agency language)
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