In response to a reported incident of improper behavior towards a Judicial Magistrate, the Allahabad High Court has taken suo moto cognizance of the matter, instructing a Deputy Superintendent of Police (DSP) and a Circle Officer to personally appear before the Presiding Judge and offer an unconditional apology.

The incident unfolded during the recording of a victim's statement under Section 164 of the Criminal Procedure Code (CrPC), where the Investigating Officer allegedly displayed disrespect towards the court. The officer refused to disclose his name, insisting that it could be found in the records, and expressed reluctance to follow instructions on the procedure, citing his position as the Circle Officer. Following this, he left the court.

An Additional Civil Judge (Junior Division)/Judicial Magistrate in Moradabad brought the matter to the court's attention, stating that the Investigating Officer, in a discourteous and contemptuous manner, eventually revealed his name. The officer claimed it was his first time recording a statement under Section 164 of the CrPC.

A bench comprising Justice Ashwani Kumar Mishra and Justice Syed Aftab Husain Rizvi authorized the individual in contempt to appear before the relevant Presiding Judge and offer an unconditional apology. The bench had previously acknowledged, on October 6, 2023, the existence of a prima facie case of criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971, against the officer.

The court had formally notified Rajesh Kumar Tiwari, the Circle Officer in Thakurdwara, Moradabad, to provide a justification for his alleged actions, including threatening the court and demeaning its dignity. The notice was issued to initiate contempt proceedings.

Upon issuing the notice, the Court instructed the Registry to dispatch a copy of the complaint filed by the concerned court, along with the notice, through the District Judge, Moradabad, within a week. Additionally, the Registry was directed to provide the counsel for the Court with a comprehensive set of records pertaining to the case. The court emphasizes the importance of addressing contemptuous behavior and upholding the dignity of the judiciary in this matter.

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

CONTEMPT APPLICATION (CRIMINAL) No. - 17 of 2023.