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SUMAN v. STATE OF RAJASTHAN

Supreme Court of India | Diary 10189/2024

Status

ROP - of Main Case

Decided On

15-04-2024

Bench

HON'BLE MR. JUSTICE B.R. GAVAI and HON'BLE MR. JUSTICE SANDEEP MEHTA

Petitioner

SUMAN

Respondent

STATE OF RAJASTHAN

Primary Holding

Unsubstantiated averments in a petition alleging judicial pressure to withdraw proceedings are contemptuous in nature, and an advocate who subscribes his signature to such contemptuous observations is equally guilty of contempt of court.

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Full Judgment Text

ITEM NO.44 COURT NO.3 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3531/2024 (Arising out of impugned final judgment and order dated 15-02-2024 in SBCRLMP No. 181/2024 passed by the High Court Of Judicature For Rajasthan At Jaipur) SUMAN & ORS. Petitioner(s) VERSUS STATE OF RAJASTHAN & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.62454/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.62455/2024-EXEMPTION FROM FILING O.T. ) Date : 15-04-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. R.K. Rathore, Adv. Mr. Kuldip Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. In pursuance to the notice issued by this Court on 15 th March, 2024, Shri. R.K. Rathore, learned counsel and Shri Kuldip Singh, learned counsel, so also the Virendra Yadav (Petitioner No.2), who has affirmed the affidavit, have tendered unconditional apology. 2. In that view of the matter, the notice issued on 15 th March, 2024 shall stand discharged. 3. The special leave petition shall stand dismissed. 4. Pending application(s), if any, stand disposed of. (DEEPAK SINGH) (ANJU KAPOOR) ASTT. REGISTRAR-cum-PS COURT MASTER (NSH)

1 ITEM NO.28 COURT NO.3 SECTION II S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petition(s) for Special Leave to Appeal (Crl.) No(s). 3531/2024 (Arising out of impugned final judgment and order dated 15-02-2024 in SBCRLMP No. 181/2024 passed by the High Court Of Judicature For Rajasthan At Jaipur) SUMAN & ORS. Petitioner(s) VERSUS STATE OF RAJASTHAN & ANR. Respondent(s) (FOR ADMISSION and I.R. and IA No.62454/2024-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT and IA No.62455/2024-EXEMPTION FROM FILING O.T. ) Date : 15-03-2024 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SANDEEP MEHTA For Petitioner(s) Mr. R.K. Rathore, Adv. Mr. Kuldip Singh, AOR For Respondent(s) UPON hearing the counsel the Court made the following O R D E R 1. The petitioners have averred in the petition that they have been pressurized by learned Judge of the High Court to withdraw the petition filed under Section 482 Cr.P.C. It is stated that the petitioners having no other option was forced to withdraw such a petition filed under Section 482 Cr.P.C. on account of the pressure exercised by learned Judge of the High

2 Court. 2. The averments so made, in o ur view, are contemptuous in nature. A Constitution Bench of this Court in the case of M. Y. Shareef And Another Vs. The Hon'ble Judges of the High Court of Nagpur And Others. , has held that even a lawyer who subscribe his signature to a contemptuous observation is equally guilty for committing contempt of Court. 3. Issue notice to Shri Virendra Yadav, S/o Mataden, who has affirmed the affidavit and also to Mr. Kuldip Singh, Advocate on Record for the petitioner(s), who has signed the petition calling upon them to show cause as to why an action for committing contempt of the Court be not initiated against them, returnable in four weeks. 4. While we are dictating the order Mr. R.K. Rathore, learned counsel, tried to obstruct the functioning by interrupting every now and then. Even after the order is passed, he has started making gesture exhibiting surprise for the order that we have passed. 5. Issue notice to Mr. R.K.Rathore, also. (DEEPAK SINGH) (ANJU KAPOOR) ASST. REGISTRAR-cum-PS COURT MASTER (NSH)

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