Court On Its Own Motion vs L/ Asi Salochna No 1360/Srs
2023 Latest Caselaw 22335 P&H

Punjab-Haryana High Court

Court On Its Own Motion vs L/ Asi Salochna No 1360/Srs on 19 December, 2023

Author: Rajbir Sehrawat

Bench: Rajbir Sehrawat

RAJ KUMAR
2023.12.21 11:00

2023:PHHC: 163381

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
297
COCP No.3377 of 2023
DATE OF DECISION ; 19" DECEMBER, 2023

Court on its own Motion
...- Petitioner
Versus

L/ASI Salochana No.1360/SRS, Police Station Sadar, Ratia, District
Fatehabad

.... Respondent

CORAM : HON'BLE MR. JUSTICE RAJBIR SEHRAWAT

KRESS
Present: | Mr. Pawan Kumar Longia, DAG, Haryana

Mr. Aditya Sanghi, Advocate for respondent.

OK Ok 3K
RAJBIR SEHRAWAT, J. (Oral)

1. This is the petition arising out of the reference made by the

Duty/Chief Judicial Magistrate, Ratia, Camp at Fatehabad, whereby proceedings against the respondent has been proposed under Section 12 read with Section 2(b) of the Contempt of Courts Act, 1971 for violating the mandate/guidelines of Hon'ble the Apex Court issued in Arnesh Kumar Vs. State of Bihar, 2014(8) SCC 273.

2. Pursuant to order of the previous date respondent-ASI Salochana has been produced before this court by Inspector Surender Kumar, SHO, Sadar Ratia, District Fatehabad. The respondent- Investigating Officer, who is present in court along with her counsel, has submitted that there was no intentional violation of order of the Supreme Court. Rather, the arrest had to be effected in peculiar facts and circumstances. However, at the time of arrest all the necessary

consequent ingredients were complied with. It is further submitted that,

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RAJ KUMAR 2023.12.21 11:00

COCP No.3377 of 2023 2023:PHHC: 163381

in any case, if the court comes to any tentative conclusion that the respondent has committed any contempt qua the aforesaid order passed by the Supreme Court, she tenders unqualified apology for the same.

3. In view of the above, this court does not find it appropriate

to continue with the present petition any more.

4. Accordingly, the present petition is dismissed.

19™ December, 2023 (RAJBIR SEHRAWAT)

'Taj' JUDGE Whether speaking/reasoned: Yes No

Whether Reportable: Yes No

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