Punjab-Haryana High Court
Surjit Kaur vs Gurpartap Singh And Anr on 14 May, 2024
253/2
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.
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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withdrawn by the petitioner.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
