The Allahabad High Court has issued a notice of criminal contempt against Rajesh Kumar Tiwari, the police officer (IO) posted in Thakurdwara, Moradabad, on charges that during recording of statement of victim under section 164 Cr.P.C, the Investigating Officer showed disrespect to the concerned court.
The Division Bench of Justice Ashwani Kumar Mishra Justice Syed Aftab Husain Rizvi passed this order while hearing a suo motu Contempt Application.
The Additional Civil Judge (Junior Division)/Judicial Magistrate, Moradabad has made a reference on 24.07.2023 stating that during recording of statement of victim under section 164 Cr.P.C, the Investigating Officer showed disrespect to the concerned court and denied to disclose his name on the ground that the judge can see it from the records and that he is not required to tell his name.
Later the Investigating Officer told his name in a discourteous and contemptuous manner. The Investigating Officer further stated that for the first time the officer is writing a statement under section 164 Cr.P.C and he is the Circle Officer, Thakurdwara, and was not taught the procedure and then left the court.
Prima facie allegation with regard to commissioning of criminal contempt in terms of Section 2(c) of the Contempt of Courts Act, 1971 is made out against the opposite party, the Court observed.
The Court issued notice to Rajesh Kumar Tiwari, Circle Officer, Thakurdwara, Moradabad to show cause as to why contempt proceedings should not be initiated against him under Section 2(c) of the Contempt of Courts Act, 1971 for threatening the court, humiliating and dignity of the court.
“Registry while issuing the notices within a week will ensure that a copy of the complaint written by the concerned court through the District Judge, Moradabad is also sent along with the notice.
The Registry is also directed to furnish a complete set of records to the counsel for the Court”, the order reads.