Kailash Yadav alias Kailash Singh vs State of U.P. and Another

Dev Kant Trivedi, J.—Heard the learned Counsel for the Petitioner Kailash Yadav alias Kailash Singh against whom an order dated July 6, 1998 was passed by learned Chief Judicial Magistrate, Barabanki, whereby Superintendent of Police Barabanki, was directed to deduct the salary of the Petitioner for one month and he may be directed to show cause as to why a reference be not made for committing contempt of Court.

It is urged on behalf of the Petitioner that he was not served with the summons of the case, and, therefore, he could not appear in the Court of learned Chief Judicial Magistrate and that he has always been willing and ready to appear in the said Court. It is further urged on behalf of the Petitioner that the direction to deduct the salary is beyond the powers of the Court of C.J.M. and it was not open to him to pass such an order.

There seems to be some of the Petitioner. If the Petitioner had not appeared in the Court in compliance of the summons, it was open to the learned C.J.M. to issue coercive process against the Petitioner who was an accused for an offence u/s 323/432/328/ 504/506 of the I.P.C.

In view of what has been stated above, the order dated July 6, 1998 is liable to be quashed. The order dated July 6, 1998 directing the deduction of the salary of the Petitioner by the Superintendent of Police and the direction to show cause are hereby quashed. The Petitioner is accordingly allowed with the direction to the Petitioner that he will appear before the Court of learned Chief Judicial Magistrate on May 27, 1999 and in case of his default in appearing on the said date it will be open to the learned C.J.M. the trial court to issue coercive process against the Petitioner. Till May 27, 1999, no coercive process will be issued against the Petitioner. The stay order dated December 16, 1998 is hereby vacated.