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Synopsis

The Allahabad High Court recently issued a show-cause contempt notice to Deputy Superintendent of Police, Rajesh Kumar Tiwari, Circle Officer of Thakurdwara, Moradabad. The notice was issued in response to a reference made by the Additional Civil Judge (Junior Division)/Judicial Magistrate of Moradabad.

The court's reference highlighted an incident during the recording of a victim's statement under Section 164 of the Criminal Procedure Code (CrPC). According to the reference, the Investigating Officer, Rajesh Kumar Tiwari, displayed disrespect to the court and initially refused to disclose his name, asserting that the judge could find it in the records.

A division bench of Justices Ashwani Kumar Mishra and Syed Aftab Husain Rizvi noted, "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."

Later, when the police officer provided his name, it was done in a discourteous and contemptuous manner. The court found this behavior to be a prima facie case of criminal contempt under Section 2(c) of the Contempt of Courts Act, 1971.

The IO had stated that for the first time, he was writing a statement under section 164 Cr.P.C. and he was the Circle Officer, Thakurdwara, and be not taught the procedure and then left the court.

The high court, therefore, issued a show-cause notice to Rajesh Kumar Tiwari, directing the case to be listed after the notice is served. The court also instructed the Registry to ensure that a copy of the complaint from the concerned court through the District Judge, Moradabad, is sent along with the notice.

Case title - In Re vs. Shri Rajesh Kumar Tiwari, Circle Officer