Court On its Own Motion vs Rachpal Singh

Ranjan Gogoi, C.J.—This suo-moto contempt petition has been registered on the basis of a news item appearing in the edition of Tribune dated 24.02.2010. In the said news item, the conduct of the alleged contemner Rachpal Singh with regard to flashing a pistol in the Court of learned Judicial Magistrate Ist Class, Gidderbaha, while facing trial as an accused, was referred to. On the basis of the said news item and an order was passed by the Chief Justice of this Court that this suo-moto contempt petition be registered.

We have noticed that in regard to the same incident, FIR No. 26 dated 23.02.2010 under Sections 353/186/506/504/228 of the Indian Penal Code and u/s 25/27/54/59 of the Arms Act has been filed. The investigation of the said FIR is over. The accused Rachpal Singh has been charge-sheeted in the said case and is presently facing trial therein. The report of the learned trial Court, called for by us, indicate that though 14 witnesses have been named by the prosecution none has been examined till date and, therefore, the learned trial Court reasonably expects some time to be taken for the conclusion of the trial.

Having given our consideration to the matter, we are of the view that as the alleged contemner Rachpal Singh is already facing trial for the same act as involved in the present contempt petition, it is the trial of the case registered on the basis of FIR No. 26 dated 23.02.2010 which should be allowed to continue. Accordingly, we drop the suo-moto contempt proceedings and direct the learned trial Court to ensure that the said trial is completed within a period of one year from today.

With the aforesaid observation and direction, this suo-moto contempt petition stands closed.