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Criminal Miscellaneous 33 of 1985. decided on 5th November, 1985.

-------Ss. 4 & 3‑‑Contempt of Court ‑Police Officer/ respondent despite notice failing to appear before High Court‑‑Show‑cause notice issued respondent‑‑Respondent submitting explanation and at the end praying for forgiveness‑‑On having afforded an opportunity, responder submitting unqualified apologies and pleading mercy in writing‑‑Nor: appearance of respondent in person found to be rather an act of stupidity than deliberate one‑‑Respondent submitting that he had risen to present rank due to hard work and dedication to duty after serving 14 dear: and it was his first chance‑‑Repentance shown and apologies submitted by respondent found to be sincere‑‑Held, a case for forbearance, was made out‑‑Notice discharged with a warning.

Tanveer Ahmad Khan. Addl. A.‑G for the State.

Respondent in person.

During hearing of Criminal Miscellaneous No. 2117/B of 1985, direction was issued to the respondent to produce the record. As record was not produced on two consecutive dates, Additional Advocate General was directed to contact the Superintendent of Police, Sialkot for directing the S.H.O./respondent to appear with record or. 29‑9‑1985 to make a statement about submission or non‑submission of challan.

2. The S.H.O. did not turn up on that date and instead one S.I. appeared. The petition was adjourned to 1‑10‑1985 with notice to the S . H . O . to appear personally.

3. Although record was produced on that date by an A.S.I. but the S.H.O. did not turn up. Notice was issued to him. He took up the plea that he could not appear personally as he had to produce the record in another case before my learned brother Air. Justice Muhammad Afzal Lone. He conceded that he was free from that Court by 9:30. a.m. The case was called at 10 a.m. and was kept in waiting The case was‑called later in the day at 12.15 p.m. he did not turn up even at that time.

4. In answer to the notice issued to him, why he should not be convicted for having committed the contempt of the Court, he submitted explanation and in the end prayed for forgiveness. Verbally, however, he stated that he wanted to tender an unconditional apology. On having been afforded an opportunity, he submitted unqualified apologies and pleaded mercy in writing.

5. I have considered the explanation and unconditional apologies tendered by the respondent with the assistance of Additional Advocate General.

6. The repentance shown and the: apologies submitted by the respondent seem to be sincere. Learned Additional Advocate‑General's argument that if the respondent had intended to show disregard by not appearing on the date of hearing, he was supposed to produce the record he would have avoided appearance on said date, before the other learned Bench as well, and that his non‑appearance it, person seems to be absolutely an act of stupidity than deliberate one, also seems to possess weight. According to the respondent, he has risen to the present rank from A.S.I., after serving about 14 years and it was on account of hard work and dedication to duty. He has stated that it was his first chance.

7. Keeping in view 811 what has been noted above a case of forbearance has been made out. The apologies tendered by the respondent are accepted. Notice stands discharged. He is however, warned to be careful in future.

H.A.K. Show‑cause notice discharged

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