The High Court of Judicature at Allahabad has dropped criminal contempt proceedings against Advocate Ashutosh Kumar Mishra after he tendered an “unconditional and unqualified” apology for his conduct in open court. The Division Bench, comprising Justice Siddhartha Varma and Justice Jai Krishna Upadhyay, accepted the apology noting the advocate’s remorseful demeanor and his personal assurance that such incidents would not recur.
Background of the Case
The matter originated from an incident on February 12, 2026, during the hearing of Criminal Misc. Bail Application No. 5069 of 2026. Sri Ashutosh Kumar Mishra (AOR No. A/A 1461/2012) was appearing on behalf of an applicant named Kunal.
When the Court directed the learned AGA to file a counter affidavit—including complete evidence, injury reports, and statements of the injured and the doctor—within three weeks, Sri Mishra allegedly raised his voice in open court. According to the records, he addressed the Judge stating:
“Why are you calling for a counter affidavit in this case? You do not have the courage to seek explanation from the concerned Investigating Officer who, till date, has not recorded the statement of the injured. You (Judge) have no authority to pass any order against the Investigating Officer. It appears that you are working under the pressure of the Government.”
Court’s Observations on the Conduct
The learned Single Judge before whom these words were spoken felt “offended” and concluded that there was a clear “intention on the part of Sri Mishra to interfere with the judicial proceeding.”
The Court held that, prima facie, the behavior fell within the ambit of criminal contempt, noting that the Court felt “scandalized” by the manner in which the advocate conducted himself. Consequently, the matter was referred to Hon’ble the Chief Justice for suitable action and subsequently placed before the Division Bench.
Submissions and Apology
During the hearing on March 25, 2026, the alleged contemnor appeared before the Bench accompanied by his counsel, Sri Shri Kant Shukla, and office bearers of the Bar Association.
Sri Mishra filed an affidavit tendering an unconditional apology. His counsel submitted that the advocate was “very apologetic” and that he “would never even in his wildest of dreams think of behaving in the manner he had behaved on 12.2.2026.”
The Court, observing the advocate’s presence, noted:
“From his demeanor we gather that he is apologetic and that he was apologizing from his heart. He personally stated that such an incident as had taken place on 12.2.2026 shall never occur again.”
Decision of the Court
In view of the apology tendered in open court and the advocate’s personal commitment to maintain court decorum in the future, the Division Bench decided to accept the apology and terminate the proceedings.
“Considering the apology which has been tendered in the open Court today we are of the view that the criminal contempt proceeding be now dropped. The proceedings are thus dropped after the acceptance of the apology tendered,” the Bench ordered.
The Court directed that the case be consigned to the records.
Case Details:
- Case Title: In Re v. Ashutosh Kumar Mishra
- Case Number: Contempt Application (Criminal) No. 4 of 2026
- Bench: Justice Siddhartha Varma and Justice Jai Krishna Upadhyay
- Date: March 25, 2026
