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Judgment
Prasanna B. Varale, CJ
Pursuant to our earlier order dated 11.08.2023 the accused Nos.1 and 2 have filed their separate affidavits dated 11.08.2023.
Paragraph 3 of the affidavit filed by the accused No.1 reads thus;
"I hereby tender my unconditional apology before this Hon'ble court for filing criminal petition No.10351/2022 which was filed on merits and not to stall any proceedings. Now that I have withdrawn the said petition and I have not taken any benefits or any orders in the said proceedings, I pray to this Hon'ble Court to drop the contempt proceedings initiated against me in the above case under Section 15 of the Contempt of Courts Act, in view of my unconditional apology tendered tot his court. Hence, I request and pray that I may be exonerated and pardoned by this court in the interest of justice and equity".
Considering that accused No.1 is tendering his unconditional apology with a further statement that he will not stall any proceedings, criminal contempt is disposed of and notice to accused No.1 is discharged.
Insofar as affidavit filed by accused No.2 is concerned, it is seen that though at paragraph 3 of the affidavit accused No.2 has also tendered his unconditional apology to this court, has however, further makes a statement that he will withdraw said petition "with liberty to file any proceedings on same cause of action". This is not acceptable.
Sri. Ravindranath Kamath, learned Senior counsel appearing for Sri. Sanjay Kumar learned counsel for the accused No.2 on instructions submitted that the said statement seeking liberty is made due to inadvertent mistake and Accused No.2 will not press for the same and that said statement namely, "with liberty to file any other proceedings on same cause of action" be treated as deleted from paragraph 3.
Accordingly, accepting the unconditional apology and further submission that accused No.2 is not pressing the statement that "with liberty to file any proceedings on same cause of action" and treating this part as deleted, the undertaking and unconditional apology of accused No.2 is accepted. Accordingly, criminal contempt is disposed of, notice is discharged to accused No.2.
As the order of the learned Single Judge dated 20.04.2023 indicates that the C.C.No.8178/2002 is pending consideration before learned III Additional Chief Metropolitan Magistrate for nearly 20 years and learned Single Judge in paragraph 12 of the order dated 20.04.2023 directed the Magistrate to dispose of the proceedings before it within three months from the date of the order i.e., 20.04.2023 and in the mean time, criminal contempt was pending before this Court, we direct the Chief Metropolitan Magistrate to dispose of the proceedings within a period of three (3) months from 16.08.2023.
Accordingly, Criminal contempt is disposed of.