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High Court Of ChhattisgarhCONTR/1/2016disposed off

Family Court, Raipur In Office Reference v. Gurumel Singh Saini

2017-07-10Hon'Ble Shri Justice Pritinker Diwaker,Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR CONTR No. 1 of 2016 • Family Court, Raipur (In Office Reference) District Raipur Chhattisgarh ---- Petitioner

Versus

• Gurumel Singh Saini S/o Late Gurucharan Singh Form House, Gurunanak Nagar, Raipur Chhattisgarh Pin Code 492006 ---- Respondent For Applicant :

Mr. Vivek Sharma, Government Advocate For Respondent :

Ms. Shimla Jain, Advocate.

Hon'ble Shri Justice Pritinker Diwaker Hon'ble Shri Justice R.P. Sharma Order On Board P. Diwaker, J 10/07/2017

1. This is a reference made by the the Principal Judge, Family Court, Raipur for initiating contempt proceedings against the respondent-contemnor for using the intemperate language in the correspondence made to the court during the pendency of proceedings under Section 125 Cr.P.C.

2. Pursuant to the notice the respondent/contemnor has filed three affidavits tendering unconditional apology and submitting that on account of his being under mental stress, such correspondence was made by him to the Court.

3. The respondent, who is personally present today, concedes that the language used by him in the correspondence was derogatory and therefore he has tendered unconditional apology for such intemperate

language. He further submits that henceforth he would be more cautious while attending the Court proceedings and in case of recurrence of such mistake, he can be straight-way booked.

4. Counsel appearing on behalf of the respondent/contemor submits that the respondent is suffering from chronic diabetes & hypertension. She also tendered an undertaking that the respondent would not repeat such a mistake in future.

5. Considering the facts and circumstances of the case, in particular the reply submitted by the respondent/contemnor containing unconditional apology, at this stage we are not inclined to take any action against him. Accordingly, the proceedings are hereby dropped. As a note of caution, the respondent/contemnor is advised to be temperate enough in making any correspondence to a Court of law or else he has to be prepared for heavy handed deterrent.

6. Certified copy as per rules.

Sd/- Sd/- (P. Diwaker) (R.P. Sharma) Judge Judge roshan/-