A criminal contempt application against an Investigating Officer for arresting a suspect without following Supreme Court directions in Arnesh Kumar v. State of Bihar was dismissed after the officer tendered an unconditional apology and promised to abide by the law.
Contempt notice discharged; contempt application dismissed.
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Court No. - 32
Case :- CONTEMPT APPLICATION (CRIMINAL) No. - 1 of 2018
Applicant :- In-Re Opposite Party :- Pinki Kumar Counsel for Applicant :- Sudhir Mehrotra Counsel for Opposite Party :- Yogendra Pal Singh,Raj Kumar Sharma
Hon'ble Shashi Kant Gupta,J. Hon'ble Bachchoo Lal,J.
In pursuance of the earlier order of this Court, the contemnor/opposite party namely Sub Inspector Pinki kumar is present in Court.
In pursuance of a reference letter dated 29.7.2017 moved by Sri Tabrej Ahmad, Chief Judicial Magistrate, Meerut against the Investigating Officer Pinki kumar (contemnor) for initiating a criminal proceedings, the matter was placed before this Bench under the order of the Hon'ble The Chief Justice.
In the said reference letter dated 29.7.2017 it has been stated that the concerned officer Sri Pinki Kumar had arrested the accused Sri Jaydeep on 26.7.2017 in Case Crime No. 192 of 2017, under Sections 354, 323, 504, 506, 427, 498A IPC and Section ¾ Dowry Prohibition Act, P.S. Ganganagar, District Meerut and produced him before the court below without following the directions passed by the Hon'ble Supreme Court in the case of Arnesh Vs. Bihar State 2014 (6) SCJ wherein it has been held that if the police officer does not follow Section 41 (1) b of CrPC
and the directions of Hon'ble Supreme Court, he shall be an accused of contemptuous act and will be liable to be punished for this contemptuous act.
By order dated 8.2.2018, this Court while exercising the power under the Contempt of Courts Act, 1971 issued notice to the contemnor Pinki kumar to show cause by the next date as to why the proceedings may not be initiated against him under the relevant provisions of Contempt of Courts Act and why the charge may not be framed against him, and the matter was directed to be listed in the week commencing 2.4.2018.
In pursuance of the earlier order passed by this Court, today a reply/unconditional apology along with affidavit has been filed before this Court, which is taken on record.
A perusal of the aforesaid affidavit filed today, inter alia, indicates that the contemnor has stated that he never intended either to scandalise or tend to scandalise or lower the authority of any Court. He further admitted that unwillingly due to circumstances of the case, he has not followed the law laid down by Hon'ble the Apex Court in the case of Arnesh Vs. Bihar State 2014 (6) SCJ. It is further stated that the contemnor never intended willfully not to follow the law laid down by Hon'ble the Apex Court in the said case, as such, tendered his unconditional apology and stated that in his entire period of service, the contemnor has neither faced any disciplinary proceeding nor any other proceeding with regard to dereliction of duty and this is for the first time in his life a reference has been made for committing contempt of Court. It was further
stated that the contemnor pledges before this Court that he would take care in future for such things and always abide by the law and the order of the Courts and prayed that the contempt notice issued against him may be discharged.
Considering the facts and circumstances of the case and keeping in view of the unconditional apology tendered by him, and the assurance given by the contemnor, who is present in person before this Court, that such mistake will not occur in future, the present contempt notice issued against him is hereby discharged.
The contempt application is, accordingly, dismissed.
This order has been passed in the presence of Sri Sudhir Mehrotra, Special Counsel for the High Court.
Order Date :- 15.5.2018 vinay
1 provisions across 1 enactments
Pinki Kumar
Shashi Kant Gupta
Bachchoo Lal
As recorded by the court registry
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