Ramkishore S/O Choturam vs Virendra Kuril, Station House ...
2023 Latest Caselaw 5882 Raj/2

[2023:RJ-JP:28530]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

               S.B. Civil Contempt Petition No. 58/2023

Ramkishore S/o Choturam, Aged About 55 Years, R/o Nangal
Bharda, Police Station Samode, District Jaipur- Rajasthan.
                                                                    ----Petitioner
                                    Versus
Virendra Kuril, Station House Officer, Police Station Vidhyadhar
Nagar, Jaipur, Rajasthan
(Investigation Officer (IO) of FIR No. 480/2022 Dated
02.10.2022 At Ps Vidhyadhar Nagar)
                                                  ----Respondent-contemnor

For Petitioner(s)         :     Mr. Anish Bhadala
For Respondent(s)         :     Mr. Santosh Singh Shekhawat for
                                Mr. Ghan Shyam Singh Rathore, GA-
                                cum-AAG

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Judgment / Order

11/10/2023

This contempt petition has been filed alleging wilful

disobedience of the direction issued by the Hon'ble Supreme Court

of India in case of Arnesh Kumar Vs. State of Bihar & Anr.:

(2014) 8 SCC 273.

Learned counsel for the petitioner submits that he was

arrested on 05.10.2022 without issuing any notice under Section

41(a) and without preparation of any check list as directed by the

Hon'ble Supreme Court of India in the aforesaid case. He claims

the check list dated 05.10.2022 (Annexure-R/1) submitted by the

respondent along with the reply to be ante dated. He, therefore,

prays that the respondent may be directed to purge the contempt

and he may also be punished suitably.

Per contra, learned counsel for the respondent, drawing

attention of this Court towards the check list dated 05.10.2022,

[2023:RJ-JP:28530] (2 of 2) [CCP-58/2023]

would submit that before effecting arrest of the petitioner, the

check list was prepared and there was no violation of direction

issued by the Hon'ble Supreme Court of India in case of Arnesh

Kumar (supra). He, therefore prays for dismissal of the contempt

petition.

Heard. Considered.

In view of availability of the check list dated 05.10.2022

prepared by the respondent under Section 41 Cr.P.C., it cannot be

held that before effecting arrest of the petitioner, the direction

issued by the Hon'ble Supreme Court of India in case of Arnesh

Kumar (supra) was not complied with. Contention of the learned

counsel for the petitioner as to the check list being ante dated

based on observation made by the learned Metropolitan Magistrate

No.3, Jaipur Metropolitan-II in the order dated 08.10.2022, is far

fetched and too specious to hold the respondent guilty of wilful

disobedience of the direction issued by the Hon'ble Supreme Court

of India in the aforesaid case.

Since, the petitioner has not been able to establish beyond

reasonable doubt that the respondent is guilty of disobedience of

the direction issued in case of Arnesh Kumar (supra), this

contempt petition is dismissed.

Notices are discharged.

(MAHENDAR KUMAR GOYAL),J

Sudha/47

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