A division Bench of the Rajasthan High Court comprising of Justice Vijay Bishnoi and Farjand Ali has imposed a fine of Rs. 25,000/- under contempt proceedings on a police constable who had slapped a defense advocate during cross-examination.

District Judge Guabpura had sent the case to the Rajasthan High Court when the constable had slapped the defence advocate. Constable had defended himself by saying that the advocate has threatened him and he was beating his legs during the cross-examination.

A Contempt case was registered against the constable which was defended that after the proceedings under section 228IPC, the contempt proceedings cannot be initiated.  The Constable also proposed tender unconditional apology and also agreed to withdraw the 156(3) CRPC proceedings filed against the advocate for the defence. 

The bench said that it is an admitted fact that the constable had slapped the advocate. The constable defended himself that the advocate has hit him with leg first and then he was forced to slap him.

The Court noted the facts that "this contempt petition is registered on the basis of a complaint filed by the Additional District Judge, Gulabpura, District Bhilwara, wherein it is stated that on 8.8.2018, the respondent-contemnor Shri Ramesh Chandra was deposing asa witness in Sessions Case No.39/17 and during his cross-examination, he became agitated and slapped the defence lawyer. It is further stated in the complaint that by such actof the respondent-contemnor, the judicial work was interrupted as well as obstructed. Along with the reference letter, the Additional District Judge, Gulabpura, DistrictBhilwara has forwarded a certified copy of the statement of the respondent-contemnor dated 8.8.2018 wherein, the pertinent note is marked by the court that the defence counsel put a question to the witness (respondent-contemnor) in reference to Ex.P/1, but the witness became agitated and slapped the defence counsel and on account of that, the statement of the witness could not be completed and proceedings had to be deferred.

Case Details:-

D.B. Criminal Contempt Petition No. 3/2018

ADJ, Gulabpura, Bhilwara.   ----Petitioner
Versus
Rameshchandra, Aged About 27 Years, Police Constable No.227,
P.S. Badnor, District Bhilwara. ----Respondent

Read the Complete judgment on the following link:-

https://hcraj.nic.in/cishcraj-jdp/pdfjs-dist/web/viewer.php?file=https://hcraj.nic.in/cishcraj-jdp/storefiles/createordjud/204600000032018_27.pdf