Allahabad High Court issues contempt notice to police officer for allegedly disrespecting trial court judge

The Allahabad High Court recently issued a contempt of court notice to a Deputy Superintendent of Police (DSP) for allegedly disrespecting a judicial magistrate [In Re v Rajesh Kumar Tiwari, Circle Officer]..The High Court was told that the police officer had conveyed his name to the judge in a discourteous and contemptuous manner..A Bench of Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi found that a prima facie case to initiate criminal contempt proceedings was made out against the police officer for his conduct before the Additional Civil Judge (Junior Division)/Judicial Magistrate, Moradabad."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. Issue 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," the order said. .The Court was told that the investigating officer had shown disrespect to the trial court while it was recording the statement of a victim in a criminal case.During this proceeding, the police officer is said to have initially declined to disclose his name, arguing that the judge could find it in the records. The police officer is further alleged to have remarked that he was not obligated to provide his name.Later, the police officer is stated to have conveyed his name to the judge in a discourteous and contemptuous manner..As per the reference, the policeman said that it was not his first time recording a statement under Section 164 of the Code of Criminal Procedure (CrPC). He also allegedly added that he did not need to be taught the procedure, before exiting the court..Taking all these allegations into consideration, the High Court asked the officer to respond on why a contempt of court case should not be initiated against him..[Read Order]