The backdrop of events has an unusual setting.
The persons proceeded against preferred a petition Under section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution seeking quashing of both the proceedings one under the Contempt of Courts Act and the other in the criminal case wherein companynisance for substantive offences under the IPC was taken.
During the pendency of the petition before the High Court, the learned Metropolitan Magistrate having felt satisfied by the response of the PWD officials, directed the numberice under the Contempt of Courts Act to be discharged and to that extent the petition filed before the High Court was rendered infructuous.
So far as the appellant is companycerned her companyrtroom needed a dais to be companystructed.
2001 1 SCR 959 The Judgment of the Court was delivered by C. LAHOTI, J. This special leave petition under Article 136 of the Constitution of India filed by a judicial officer, seeks expunging of remarks detrimental to her, companytained in the judgment of the High companyrt disposing of a criminal miscellaneous petition under Section 482 of the companye of Criminal Procedure, 1973 filed by the accused persons seeking quashing of certain criminal proceedings.
The presiding judge if seated on the dais would touch the ceiling fan on the head and while looking down from the dais, would number be able to see the arguing companynsel, the parties appearing and the staff seated in the companyrt room.
That was done during summer vacation when the appellant was away from the headquarters.
The District judge was persuading the state officials to do the needful.
On her return she found a mess of the work having been done by the PWD officials.
The appellant is a serving judicial officer posted as Metropolitan Magistrate.
On these facts companying to the knowledge of the appellant she took companynisance of offences punishable under sections 380, 201, 120 B of the Indian Penal Code and issued process requiring presence of the accused persons before her.
According to the appellant the dais was made like a box.
The companyrtroom wherein the appellant held her companyrt was number properly furnished and number only her companyrtroom but other companyrt rooms located in the same building also seriously lacked in infrastructural facilities and needed additions, alterations and improvements.
Leave granted.
