COCP No. 477 of 2009 1
In the High Court for the States of Punjab and Haryana at Chandigarh
...
COCP No. 477 of 2009
Date of decision: July 9, 2009
Gursewak Singh son of Sarwan Singh ..Petitioner.
Versus
Mr. C.S.R. Reddy and others ..Respondents
Coram: Hon'ble Mr. Justice Rakesh Kumar Garg
Present: Mr. T.P.S.Tung, Advocate
for the petitioner
Mr. Rajesh Garg, Addl. A.G,Punjab
for the respondents
..
Rakesh Kumar Garg,J
In the present petition, the petitioner has alleged that the
respondents have disobeyed the order dated 19.2.2008 passed by this Court in
Criminal Misc.No.24181-M of 2007 titled as Gursewak Singh Versus State of
Punjab and others whereby the order dated 19.1.2007 and 24.2.2007 passed by
the Judicial Magistrate Ist Class, Barnala were quashed and the case was
remitted to Judicial magistrate Barnala to proceed with the matter in accordance
with law.
As per the averments, petitioner filed Criminal Misc. No.24181-M of
2007 in this Court for quashing the orders dated 19.1.2007 and 24.2.2007
passed by the Judicial Magistrate Ist Class, Barnala vide which he directed SSP
Barnala to present the challan in FIR No.74 dated 16.10.2004 registered under
Section 447/380/336/148/149 IPC Police Station Sehna, on the ground that after
investigation of the case, the police had submitted an untraced report and the
Judicial Magistrate Ist Class, Barnala instead of accepting the said report or in
the alternative sending for further investigation of the case had issued a direction
to the SSP Barnala to present the challan in the court which was agaisnt the well
settled principles of law. This Court vide order dated 19.2.2008 quashed the
orders Annexures P-2 and P-3 passed by the Judicial Magistrate Ist Class
COCP No. 477 of 2009 2
Barnala and remitted the case to him to proceed with the matter in accordance
with law keeping it open for him to order further investigation of the matter.
It is the case of the petitioner that after the passing of the order dated
19.2.2008, the respondents without considering the aforesaid judgment passed
in Criminal Misc.No.24181-M of 2007 again presented the challan under Section
173 Cr. P.C. in FIR No. 74 dated 16.10.2004 vide Annexure P-6 on the basis of
the orders dated 19.1.2007 passed by the Judicial Magistrate Ist Class, Barnala
which had already been quashed by this Court vide order dated 19.2.2008 and
thus they have not taken into consideration the orders passed by this Court
which is an abuse of the process of the court and against the spirit of the
judgment dated 19.2.2008 and thus the action of the respondents amounts to
contempt.
In response to show cause notice issued by this Court, respondents
have filed reply denying the allegations made in the contempt petition and
submitted that the report under Section 173 Cr. P. C. was presented after its
due scrutiny and consideration of the orders passed by this Court.
I have heard learned counsel for the parties. A perusal of the order
dated 19.2.2008 passed by this Court would show that this Court while quashing
orders Annexures P-2 and P-3 had not quashed the final report of investigation
presented under Section 173 Cr. P. C. and only remanded the case to the court
of JMIC Barnala to decide the matter in accordance with law. It is not in dispute
that the respondents had submitted the report again under Section 173 Cr. P. C.
along with the case file. It is open to the petitioner to contest the same in the
court of JMIC Barnala.
Thus, I find no material on the basis of which cognizance can be
taken against the respondents for violation of the orders passed by this Court on
19.2.2008 in Criminal Misc.No.24181-M of 2007.
In view of the aforesaid, no further action is required.
Rule discharged.
However, it will be up to the petitioner to seek any other appropriate
COCP No. 477 of 2009 3
remedy available to him to seek the cancellation of report submitted by the
respondents under section 173 in FIR No.74 in accordance with law.
July 9, 2009 (RAKESH KUMAR GARG)
nk JUDGE