NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL  NO(S).  920/2006

KULDEEP MANSUKHANI                                 APPELLANT(S)

                               VERSUS

COURT ON ITS OWN MOTION, HIGH COURT OF DELHI AT NEW DELHI AND ANR. RESPONDENT(S)

J U D G M E N T

KURIAN, J.

This appeal is at the instance of the respondent

in Criminal Contempt Reference No.1/2006 on the file

of the High Court of Delhi.  The contempt arose out

of a reference made by the Metropolitan Magistrate,

Patiala House Courts, Delhi through the District and

Sessions Judge, Delhi.

2. We are informed that no inquiry whatsoever has

been  conducted  either  at  the  time  of  making  of  a

report to the District Judge or at the time of the

District Judge forwarding the reference to the High

Court.   

3. Ms.  Mahalakshmi  Pavani,  learned  senior  counsel

who was appointed as an amicus curie, has brought to

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our notice that the Metropolitan Magistrate concerned

resigned  from  service  shortly  after  the  alleged

incident.

4. When the matter was posted before the High Court,

the appellant was asked by the Court as to whether he

wanted  to  submit  anything  in  writing  and,

accordingly, he filed a detailed affidavit.  We do

not propose to go into the narration of facts or the

defence taken by the appellant, since, in our view,

it is not necessary to go into the same.   

5. Having  regard  to  the  defence  taken  by  the

appellant, the High Court ought to have conducted an

inquiry.   That  having  not  been  done  and  the

punishment having been imposed solely on the basis of

the  reference  made  by  the  District  Judge  and  the

affidavit in response, we are of the view that the

principles of natural justice  have not been complied

with fully.  All that apart, we also find that having

been asked as to whether he had anything to say on

the  sentence,  the  appellant  had  tendered

unconditional apology

6. In view of the above circumstances, the apology

tendered by the appellant is taken on record, we set

aside the conviction and sentence imposed upon the

appellant and the appeal is allowed.

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7. Pending  applications,  if  any,  shall  stand

disposed of.

8. The  fee of  the Amicus  Curiae be  paid, as  per

rules.

.......................J.               [KURIAN JOSEPH]  

.......................J.               [SANJAY KISHAN KAUL]  

NEW DELHI; AUGUST 01, 2018.

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