CLCON/280/2022
2022 Latest Caselaw 3791 UK

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      Date                                   COURT'S OR JUDGES'S ORDERS
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                                 CLCON No. 280 of 2022

                                 Hon'ble S.K. Mishra, J.

Mr. Bhupesh Kandpal, the learned counsel for the petitioner.

Mr. J.S. Virk, the learned Dy. Advocate General with Ms. Manisha Rana Singh, the learned A.G.A. for the respondents.

The petitioner in this case asserts that there has been violation of the Judgments of Hon'ble Apex Court in Arnesh Kumar vs. State of Bihar, (2014) 8 SCC 273 and Satyendra Kumar Antil vs. CBI, 2022 SCC Online SC 825.

However, it is brought to our notice that the investigating officer, who is present in the Court today made an application before the learned C.J.M. Pithoragarh, in criminal case no. 262 of 2021 for the arrest of the petitioner, therefore, on application of mind the learned Magistrate on 17.05.2022 has issued non bailable warrants of arrest. On 18.05.2022, the petitioner was arrested by the investigating officer.

In that view of the matter since the Magistrate had issued the non bailable warrants, the contempt will not lie. This Court is of the view that there is no deliberate and wilful disobedience of the orders of the Hon'ble Supreme Court.

With such observation the contempt proceedings are dropped.

The personal attendance of the respondent/contemnor is dispensed with.

(S.K. Mishra, J.) 24.11.2022 (Grant certified copies as per rules) PV