Allahabad HC Directs DSP to Offer Unconditional Apology to Judicial Magistrate

LI Network

Published on: November 26, 2023 at 12:52 IST

The Allahabad High Court issued a directive on Monday, instructing a Deputy Superintendent of Police (DSP) to personally appear before the concerned Presiding Judge and submit an unconditional apology for displaying disrespect towards a Judicial Magistrate.

This decision came in response to a contempt matter associated with the incident, with Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi presiding over the bench.

The Court allowed the contemnor the opportunity to present himself before the relevant Presiding Judge and offer an unconditional apology. This step is to be taken before the apology previously submitted to the High Court is taken into consideration.

In the previous month, the Allahabad High Court had issued a contempt notice to the police officer in question for exhibiting disrespect towards a Judicial Magistrate.

The officer’s discourteous and contemptuous behavior included an impolite manner of revealing his name to the court.

The contempt case originated from a reference made by the concerned court, highlighting the Investigating Officer’s disrespectful conduct during the recording of a victim’s statement under Section 164 of the Criminal Procedure Code (CrPC).

The officer had initially refused to disclose his name, asserting that the judge could find it in the records. Later, when he did provide his name, it was done in a contemptuous manner, stating that he did not need to be taught the procedure as it was not his first time providing a statement under Section 164 of the CrPC.

Considering the gravity of the situation, the High Court found a prima facie case against the officer for criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971. Consequently, a show cause notice was issued to him.

Case Title: In Re vs. Shri Rajesh Kumar Tiwari, Circle Officer

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