Jahanvi Agarwal
A Deputy Superintendent of Police received a show cause contempt notice from the Allahabad High Court in October for disrespecting a Judicial Magistrate and using his name in an impolite and disrespectful way in front of the court.
On a referral from the Additional Civil Judge (Junior Division)/Judicial Magistrate Moradabad, 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.
The court inquired about its reference that the Investigating Officer disrespected the court by refusing to provide his name during the recording of a victim’s statement pursuant to Section 164 of the Criminal Procedure Code, claiming that the judge had access to it from the records and that he was not required to do so.
According to the reference, the police officer later addressed the court in an impolite and dismissive manner, explaining that this was not his first time writing a statement pursuant to section 164 CrPC and that he should not be instructed in the proper procedure before leaving the court.
In light of the referral, the High Court determined that the wrongdoing police official had a prima facie case for committing criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971, and as a result, a show cause notice was sent to him.
After notice has been served, the matter will be listed by the court, at which point a reply may be submitted via counsel.
Additionally, while sending out notifications, the Registry has been instructed to make sure that a copy of the complaint submitted by the relevant court through District Judge, Moradabad, is delivered with the notice.
Case Name: In Re vs. Shri Rajesh Kumar Tiwari, Circle Officer
Diary Number: 17/2023
Bench: Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi