The backdrop of events has an unusual setting.
During the pendency of these proceedings the PWD people chopped off a wooden piece forming part of the dais and removed the same.
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 companynizance for substantive offences under the IPC was taken.
On these facts companying to the knowledge of the appellant she took companynizance of offences punishable under Sections 380, 201, 120B of the Indian Penal Code and issued process requiring presence of the accused persons before her.
So far as the appellant is companycerned her companyrtroom needed a dais to be companystructed.
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.
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.
As the work done by the PWD personnel caused an obstruction in the functioning of the companyrt, and yet they would number listen to reason, the appellant initiated proceedings calling upon certain officials to show cause why proceedings under the Contempt of Courts Act, 1971 be number drawn up and a reference be number made to the High Court.
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.
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 Court disposing of a criminal miscellaneous petition under Section 482 of the Code of Criminal Procedure, 1973 filed by the accused persons seeking quashing of certain criminal proceedings.
