The High Court was told that the police officer had conveyed his name to the judge in a discourteous and contemptuous manner.
The Allahabad High Court recently served a contempt of court notice to a Deputy Superintendent of Police (DSP) on the grounds of purportedly showing disrespect towards a judicial magistrate.
The High Court received information that the police officer had exhibited discourteous behavior while interacting with the magistrate.
A bench comprising Justices Ashwani Kumar Mishra and Syed Aftab Hussain Rizvi determined that the conduct of the police officer during the proceedings before the Additional Civil Judge (Junior Division)/Judicial Magistrate in Moradabad warranted the initiation of criminal contempt proceedings.
The court found “prima facie evidence” of the police officer committing criminal contempt as defined under Section 2(c) of the Contempt of Courts Act of 1971. In its order, the court directed Rajesh Kumar Tiwari, the Circle Officer of Thakurdwara, Moradabad, to provide a valid explanation as to why contempt proceedings should not be instituted against him. This was based on allegations of threatening the court, demeaning the court, and undermining its dignity.
The incident was related to the investigating officer displaying disrespect to the trial court during the recording of the victim’s statement. At the outset, the officer purportedly declined to disclose his identity, contending that the judge could find it in the records. Furthermore, he stated that providing his identity was unnecessary. Later on, the officer is said to have conveyed his identity to the judge in an impolite and disrespectful manner.
As per the reference, the officer also mentioned that he had previously recorded a statement under Section 164 of the Code of Criminal Procedure (CrPC). Additionally, he allegedly expressed that he did not require instructions on the procedures before departing from the courtroom.
Considering these allegations, the High Court requested the officer to offer a response explaining why he should not face charges of contempt of court.
