The Allahabad High Court dropped criminal contempt proceedings against an advocate after he tendered an unconditional apology for his remarks in open court. The Court accepted his apology, noting his remorse and assurance that such conduct would not be repeated.
The High Court of Judicature at Allahabad has dropped criminal contempt proceedings against Advocate Ashutosh Kumar Mishra after he submitted an “unconditional and unqualified” apology before the Court for his conduct in open court. The Division Bench accepted his apology after observing his remorse and assurance that such behaviour would not be repeated in the future.
The matter arose from an incident that took place on February 12, 2026, during the hearing of Criminal Miscellaneous Bail Application No. 5069 of 2026. Advocate Ashutosh Kumar Mishra was appearing on behalf of an applicant named Kunal.
During the hearing, the Court directed the learned Additional Government Advocate (AGA) to file a counter affidavit within three weeks, along with complete evidence, injury reports, and statements of the injured person and the doctor. At this point, the advocate allegedly raised his voice in open court and addressed the Judge saying,
“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.”
The learned Single Judge, before whom the incident took place, felt “offended” by the remarks made in open court. The Court observed that there was a clear
“intention on the part of Sri Mishra to interfere with the judicial proceeding.”
The Court further noted that the conduct of the advocate amounted to criminal contempt as the Court felt “scandalized” due to the manner in which the advocate spoke in the courtroom. Following this, the matter was referred to the Chief Justice for appropriate action, and the case was later placed before a Division Bench for hearing.
During the hearing held on March 25, 2026, Advocate Ashutosh Kumar Mishra appeared before the Division Bench along with his counsel and office bearers of the Bar Association. He filed an affidavit and tendered an unconditional apology before the Court.
His counsel informed the Court that the advocate was “very apologetic” for his behaviour 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 also interacted with the advocate personally and observed his conduct and behaviour in the courtroom. The Bench 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.”
The Court took note of his apology, his respectful conduct during the hearing, and his personal assurance that he would maintain proper court decorum in the future.
After considering the apology and the overall circumstances of the case, the Division Bench decided to drop the criminal contempt proceedings against the advocate. The Court passed an order stating,
“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,”
thereby bringing the contempt case to an end.
This case highlights the importance of maintaining respect and decorum in court proceedings. At the same time, it also shows that courts may take a lenient view in contempt matters if a genuine and unconditional apology is made and the Court is satisfied that the person is truly remorseful.
The Allahabad High Court, in this case, balanced the dignity of the court with the principle of giving an opportunity for reform, and therefore accepted the apology and closed the matter.
The case was decided on March 25, 2026, by a Division Bench comprising Justice Siddhartha Varma and Justice Jai Krishna Upadhyay. The Court also directed that the case be consigned to the records after the proceedings were dropped.
Case Title:
In Re v. Ashutosh Kumar Mishra,
No. 4 of 2026
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