R.V. Sawant -Waghule vs. C.Antony Louis

IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CRIMINAL JURISDICTION

CONTEMPT PETIION NO.26 OF 2005

Smt.R.V. Sawant ... Petitioner V/s.

Shri C. Antony Louis ... Contemnor

None for Contemnor Mrs.P.H. Kantharia, APP, for Respondent-State Mr.S.R. Nargolkar, AGP, as Amicus Curiae

CORAM: V.G. PALSHIKAR, Ag.C.J & SMT.NISHITA MHATRE, J.

DATED: FEBRUARY 16, 2006

P.C.:

. In Criminal Reference No.3 of 2003, the draft charges are filed by the learned Assistant Government Pleader. They be taken on record and a copy thereof be served on the Contemnor. It is seen that at least three Contempt Petitions of serious nature where the Contemnor is indulging in obstructing the Court machinery by use of abusive words. He is seen in the Court premises on several occasions, yet when the question of service of notice comes, the report is "notice not served". In our considered opinion, this appears to be a deliberate act on the part of the Contemnor to avoid service. As a last chance, we order issuance of notice in each of the Contempt Petitions, returnable on 1.3.2006. Office to

vss

take immediate appropriate steps to see that the notices are duly served before the returnable date on the address mentioned in each of the Contempt Petitions. Office is further directed to seek assistance from the Police for effective and independent service of notice on the Contemnor. Office to file a comprehensive report regarding the steps taken for service of notice.

2. List the matter on 8.3.2006.