Avtar Singh vs Swarandeep Singh And Others
2023 Latest Caselaw 118 P&H

116
           IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                          CHANDIGARH


                                                  COCP-2913-2022 (O&M)
                                                  Date of decision: 05.01.2023

Avtar Singh
                                                                      ... Petitioner



                                            Vs.


Swarandeep Singh and others
                                                                    .. Respondents
CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN


Present:     Mr. Gautam Bhardwaj, Advocate
             for the petitioner.

                   *******


ARVIND SINGH SANGWAN, J. (ORAL)

Prayer in this petition is for initiation of contempt proceedings, as

the respondent authorities are not following judgment of the Hon'ble Supreme

Court in Lalita Kumari Vs. Govt. of U.P. and others, 2013 (4) RCR (Crl.)

979.

Learned counsel for the petitioner submits that wife of the

petitioner has given a complaint to the police authorities, wherein the petitioner

was called and his statement was recorded on 12.08.2022. Statements of some

other witnesses were also recorded. Thereafter, the petitioner was appearing

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COCP-2913-2022 (O&M) -2-

before the Investigating Officer and made a representation that the

investigation should be concluded within a period of 07 days, however, the

same was delayed by DSP, Phillaur. Thereafter, the petitioner gave a

representation to the senior police officers for transferring the investigation

from DSP, Phillaur to any other senior officer. It is further submitted that again

a representation was given to DSP, Phillaur on 07.10.2022, but no action has

been taken. It is also submitted that the petitioner has also sought some

information under Right to Information Act, which has not been supplied so

far.

Learned counsel submits that the Chief Secretary has issued

certain guidelines on 06.02.2014 that preliminary inquiry should be completed

within a period of 07 days.

On a Court query, whether the petitioner has filed any petition

either under Section 482 Cr.P.C. or under Section 226 of the Constitution of

India seeking a direction to the respondent authorities to conclude the inquiry

expeditiously, learned counsel submits that same is not required in terms of

judgment of the Hon'ble Supreme Court in Lalita Kumari's case (supra).

After hearing learned counsel for the petitioner and going through

the record, it is apparent that it is the petitioner himself, who has been seeking

transfer of the investigation from one authority to another by filing repeated

representations and is also moving applications for seeking certain information

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and that is a good cause for causing delay in the investigation.

In the absence of any specific direction by this Court, present

contempt petition is not maintainable.

Dismissed.

                                              [ ARVIND SINGH SANGWAN ]
05.01.2023                                             JUDGE
vishnu


Whether speaking/reasoned : Yes/No
Whether reportable        : Yes/No




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