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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

SUO MOTU CRIMINAL CONTEMPT PETITION NO.7 OF 2018

CORAM : R.K. DESHPANDE, J.

DATED : 26TH DECEMBER, 2018

ORAL ORDER :

1. Today, during the course of vacation sitting,

Shri Nitin Telgote, the learned District Government Pleader,
Shri Uday Dable and Shri W.M. Quazi, the learned Advocates,
have approached at 3.15 p.m. and narrated the unfortunate
incident of physical attack on the Judicial Officer
Shri K.R. Deshpande, Civil Judge Senior Division at Nagpur in the
premises of the District Court between 12.45 and 1.00 p.m. The
said Judicial Officer had decided some dispute on
28th November, 2018, in which one Dipesh Madanlal Parate may
have been personally involved. The result of the dispute has gone
against Dipesh Parate.

2. As per the information received by the aforestated lawyers,

the said learned Civil Judge, Senior Division, left the chamber of
Smt. Vibha Ingle, the learned District Judge at Nagpur between
12.45 and 1.00 p.m. after concluding meeting for official purpose.

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It is the information received by them that while the Judicial

Officer was standing in front of the lift, Dipesh Parate, the
Assistant Public Prosecutor in the District Court at Nagpur, who
was said to be following him, assaulted him and slapped on his
face. While running away, he was caught by the police officers
and taken into custody. It is reported that the offences
punishable under Sections 353, 506 and 332 of the Indian Penal
Code are registered against said Dipesh Parate.

3. The very object and purpose of the aforestated lawyers to

inform the incident is to make the Senior Administrative Judge
aware of the situation and to make a request to take lenient view
of the matter, as this was the first occasion, even if these facts are
found to be correct.

4. The question of taking lenient view of the matter shall

arise only after ascertaining true and correct factual position. The
lodgment of FIR and the further investigation may go on in
accordance with law. However, it is now the occasion for this
Court to take suo motu cognizance of the physical attack on the
Judicial Officer by Dipesh Parate. If the facts narrated are found
to be true and correct, it is a serious matter where the personal
security of the Judicial Officer is under threat. It is a threat to
independence of Judiciary. Rule of law is being undermined.
Such outrageous conduct need no tolerance. It causes or tends to
cause obstruction or interference in the administration of justice,
as it is the result of adjudication by the Judicial Officer, which has
gone against said Dipesh Parate on 28th November, 2018.

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5. This order be registered as suo motu criminal contempt in

exercise of jurisdiction under Article 215 of the Constitution of
India.

6. Issue notice to Shri Dipesh Madanlal Parate, Aged about

45 years, Resident of Giripeth, Behind Post Office, Nagpur, as to
why an action for contempt of Court should not be initiated
against him, returnable after six weeks.

JUDGE.

Lanjewar

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