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........the impugned judgement is bad in law due to the prejudicial and victimising behaviour of the Presiding Officer of the Learned Lower Court and therefore liable to be set aside."

4. The Reference Court has further said that on 6th August, 2005, in open Court, Contemnor was told that personal allegations cannot be levelled against any Presiding Officer in a memo of revision or appeal. Thereupon, Contemnor moved an application on 16th August, 2005, arraying Presiding Officer of Reference Court Shri R. A. Singh himself as opposite party no. 1, Shri Ajay Pal Singh Chauhan, Advocate, Shri Roop Ram Rathore, Advocate, Ms. Sheela Pal, Advocate and Dr. A.K. Chauhan as opposite party nos. 2 to 5 under Section 340 and 395 CrPC, alleging that all opposite parties, including Shri R. A. Singh, Additional District & Sessions Judge have committed offence under Sections 118, 119, 166, 167, 192, 193, 217, 218 and 219 IPC. Extract of allegations contained in said application dated 16th August, 2005 are reproduced as under:-

" In the above mentioned case, on 6th August 2005, the Opposite Party No. 1 in collusion and conspiracy with Opposite Parties No. 2, 3, and 4 and Opposite Parties 2, 3, and 4 in collusion and conspiracy with Opposite Party No. 5, all the Opposite Parties appeared in the above Court Room at about 11'O Clock in the morning and Opposite Parties No. 2 to 5 moved before Opposite Party No. 1, and application in writing, along with VEKALATNMA duly signed by O.P. No. 5 in favour of O.P. No. 2, 3 and 4 and thereby caused certain circumstances to exist, made False, Entries in the Record of the Court and also made Documents containing False Statements, intending that such Circumstance, False Entries and False Statements may appear in the above Judicial Proceedings and that such Circumstance, False Entries and False Statements so appearing in evidence may cause O.P. No. 1, who in such Proceeding is to form an opinion upon the evidence, to entertain and erroneous opinion, touching some points material to the result of such proceedings and the O. P. No. 1 illegally allowed such application and VEKALATNAMA, despite strong opposition by the undersigned applicant and thereby committed offences U/S 118, 119, 166, 167, 192, 193, 217, 218, 219 OF IPC.

12. Contemnor filed an affidavit sworn on 04.05.2015, referring to Section 13 (b) of Act, 1971. He pleaded justification by way of truth with reference to Section 219 Indian Penal Code. He has referred to an application made under Section 340 and 395 CrPC, arising out of Criminal Revision No. 334 of 2005, admitting therein that he has impleaded certain Judicial Officers besides some Advocates as party. Order passed on said application on 16.08.2005 was inappropriate and driven by malicious motives of opposite parties. It will be useful to reproduce own statement made by Contemnor in paragraphs 10, 11, 12 and 13 in the said affidavit dated 04.05.2015:

"14. That on 06.08.2005 when the deponent was attending the court of the ADJ-10, deponent neatly observed from the body language of the Presiding Officer of the Court as well as others who were made opposite parties in the application and were present in Court, that they had conspired with each other and series of all further acts confirmed this. In such circumstances the deponent drafted and filed the application dated 16.8.2005 by borrowing the statutory language from section 219 of IPC quoted below for ready reference: