Surjit Kaur vs Gurpartap Singh And Anr

Punjab-Haryana High Court

Surjit Kaur vs Gurpartap Singh And Anr on 14 May, 2024

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               IN THE HIGH COURT OF PUNJAB AND HARYANA
                            AT CHANDIGARH
                                                                   COCP-2244-2021
                                                     Date of Decision: May 14, 2024

       SURJIT KAUR AND ORS                                                ........Petitioners
                           Versus
       GURPARTAP SINGH AND ANR                                        ........Respondents

       CORAM:         HON'BLE MR. JUSTICE HARKESH MANUJA

       Present:None for the petitioners.
               Mr. Lalit Singla, Advocate for respondent No.1.
               Mr. Siddharth Sandhu, AAG, Punjab.
                                 ****
       HARKESH MANUJA,
               MANUJA J. (ORAL)

1. The present contempt petition filed under Section 12 of the Contempt of Court Act, 1971 has been filed alleging violation of Section 46(4) of CrPC and also for picking up the petitioner in violation of judgment passed by the Hon'ble Supreme Court in "Arnesh Arnesh Kumar Vs. State of Bihar"

Bihar reported as 2014 AIR (SCW) 3930.

2. Learned State counsel has point pointed towards order dated 07.11.2023 passed in CWP-8091-2021 titled as "Surjit Kaur Vs. State of Punjab and Ors."

Ors. wherein, as well, the petitioner invoked jurisdiction of this Court alleging violation of Section 46(4) of CrPC at the time of her arrest. The aforementioned aforementioned writ petition was later withdrawn by the petitioner. The order dated 07.1 07.11.2023 passed in CWP-8091-2021 2021 is reproduced hereunder:--

"Prayer Prayer made in the present writ petition is for taking appropriate action against the official respondents, who purportedly TEJWINDER SINGH arrested the petitioner in violation of Section 46(4) of Cr.P.C.

Reply has been filed by the respondents, as per which the allegations levelled in the present writ petition were enquired into by the authorities and that the enquiry was conducted pursuant to the allegations and the report was submitted by the Superintendent of Police (Headquarter and Security), Patiala, on 19.07.2021. As per the findings recorded in the enquiry, the petitioner - Surjit Kaur threatened to commit suicide in protest against arrest of the other family members.

The behaviour of Surjit Kaur was found prerogative and there was every possibility of her committing suicide or harm to herself and under said exceptional circumstances, she was required to be taken in custody. All necessary steps for keeping the dignity of the petitioner intact were taken and she was kept in a separate cell/room under surveillance of a Lady Home Guard Paramjit Kaur No.18835. It is, thus, submitted that the action had to be taken in view of the exceptional circumstances, which is noticed above and which is provided under Section 46(4) of Cr.P.C.

Even though, the abovesaid response has been filed in November, 2021, however, no rejoinder/counter-affidavit to the same has been filed. Hence, the contents of the reply and also the report have remained uncontroverted, at this stage.

Counsel for the petitioner has submitted that as disputed questions of fact arise in the present petition, he may be permitted to withdraw this petition so as to enable the petitioner to pursue her alternative remedy, in accordance with law.

The respondents have no objection to the same without prejudice to their rights.

Disposed of as not pressed with liberty to the petitioner to pursue the alternative remedy, in accordance with law, if so advised."

3. No one has chosen to appear on behalf of the petitioner. Even on the last two hearings, no one appeared for the petitioner. It appears that the petitioner is not interested in pursuing the present petition, the same is thus disposed of for want of prosecution.

           14.05.2024                                                 (HARKESH MANUJA)
           Tejwinder                                                       JUDGE
                                  Whether speaking/reasoned            Yes/No
                                     Whether Reportable                Yes/No


TEJWINDER SINGH
2024.05.14 18:44
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