Dismissed

In Re v. Sri Ram Lakhan Singh Chauhan

Allahabad HC27 Oct 2021CRCL/6/2020

Case brief

AI extract

What is this about?

In a criminal contempt application, a High Court judge disposed of the matter by accepting the condemnation and unconditional apology of the contemnor, an advocate. The Court censured the advocate to ensure professional decorum but vacated the prohibitory order.

What did the court decide?

The prohibitory order was vacated; the application for criminal contempt was disposed of with censure.

In Re Vs Sri Ram Lakhan Singh Chauhan — Contempt of Court | Allahabad HC (2021)

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Court No. - 37

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Case :- CONTEMPT APPLICATION (CRIMINAL) No. - 6 of 2020

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Applicant :- In Re Opposite Party :- Sri Ram Lakhan Singh Chauhan Counsel for Applicant :- A.G.A.,Rakesh Dubey Counsel for Opposite Party :- Ajay Sengar

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Hon'ble Dr. Kaushal Jayendra Thaker,J. Hon'ble Ajai Tyagi,J.

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A chequered history of litigation of contemnor against whom our Brother has drawn reference in the matter.

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When the matter is taken up Sri Sudhir Mehrotra, Advocate appears for the High Court along with Sri Rakesh Dubey, learned counsel for the accused.

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A cursory remark was passed by learned Additional District Judge of District Auraiya, where the litigation is going on between the parties and in the matter, it has been opined by the learned Judge that the proceedings of the case interfered by the practising Advocate. His interference has caused detriment to the prosecution and to the case of the accused for which, this High Court has drawn contempt proceedings against Sri Ram Lakhan Singh Chauhan, the concerned Advocate with regard to the action adopted by him.

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Be that as it may, we are concerned with the arguments of learned counsel for the contemnor.

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Sri Amrendra Nath Singh, learned Senior Counsel assisted by Sri Ajai Senger, learned counsel for the contemnor has submitted that he, being President of Bar, undertakes that the applicant will never indulge in such litigation in future. He pointed out that he was very much cautious in the said case as

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the case was related to death of his own son in-law. He tenders unconditional apology and undertakes that such act will not be repeated in future, which will disrepute his profession.

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We accept unconditional apology for one more reason requires to be noted that the learned Additional Sessions Judge passed the remarks against the contemnor that the contemnor instead of arguing the matter on merit exerts pressure that he is father-inlaw of the deceased, without calling upon to give his response to the notice.

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Learned counsel for the High Court submits that the Additional Sessions Judge was so much disturbed and had passed the remarks against the Advocate.

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Sri Rakesh Dubey could not point out from the record that learned Additional Sessions Judge has given any opportunity to the applicant/contemnor prior to passing any such remark in the bail application, which has been rejected. His passing of the remarks, no where mentioned that the contemnor has tried to influence the learned Judge who was making query about the litigation and now that the accused has already been convicted.

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We accept unconditional apology with the censure that the Advocate will not bring his legal profession down and will not behave in such a manner that will disrepute his profession in future.

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The prohibitory order is vacated.

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Contempt application (criminal) is, accordingly, disposed of.

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Order Date :- 27.10.2021 S.Ali

In Re v. Sri Ram Lakhan Singh Chauhan

Case brief

What is this about?

What did the court decide?

In Re v. Sri Ram Lakhan Singh Chauhan

Case brief

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What did the court decide?

What the court decided

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