Dismissed

Mrs Mohinder Kaur through Gpa Holder Malti Gupta v. Mr Devender Arya Dcp and Anr.

Delhi HC27 Aug 2024CONT.CAS(C)/1341/2024

Case brief

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What is this about?

Petitioner filed a contempt petition for alleged wilful disobedience of a prior court order regarding a property complaint. The court found no foundation for the petition, noting that police cannot be directed to recover property in civil disputes and that appropriate remedies lie with Civil or competent Criminal Court.

What did the court decide?

Contempt petition allowed subject to exceptions, then disposed of with liberty to seek reliefs from Civil Court or competent Criminal Court.

Mrs Mohinder Kaur through Gpa Holder Malti Gupta Vs Mr… — Contempt of Court | Delhi HC (2024)

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$~78

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- CONT.CAS(C) 1341/2024

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MRS MOHINDER KAUR THROUGH GPA HOLDER MALTI GUPTA .....Petitioner Through: Mr. Akshit Gadhok, Adv.

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versus

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MR DEVENDER ARYA DCP AND ANR .....Respondents Through: None.

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CORAM:

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HON'BLE MR. JUSTICE DHARMESH SHARMA

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O R D E R % 27.08.2024

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This hearing is being conducted through hybrid mode.

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CM APPL. 48757/2024 (Ex.)

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Allowed, subject to all just exceptions.

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The application stands disposed of.

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CONT.CAS(C) 1341/2024

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The petitioner is seeking initiation of contempt proceedings against the respondents for alleged wilful and deliberate disobedience of the directions contained in the order dated 14.05.2024, passed by this Court in Writ Petition (Crl.) No. 1513/2024.

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No one is present for the respondents despite advance notice.

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Having heard the learned Counsel for the petitioner, I find that there is no foundation for filing the present Contempt Petition. Shorn of unnecessary details, it appears that a complaint was lodged by the petitioner on 06.02.2024 with the concerned Police Station alleging that she is the owner of the property at Anand Niketan, which had

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2024 at 12:21:59

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allegedly been tresspassed by one Mr. Mahesh Vijay Gopal, based on forged documents. The only assurance that was given on behalf of the respondent/Delhi Police was that they would inquire into the complaint.

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Evidently, this Court also gave liberty to the petitioner to initiate appropriate proceedings with regard to the recovery of possession. Instead of resorting to any other efficacious remedy, the petitioner approaches this Court. No directions can be passed to the Police to get the property recovered for the petitioner.

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The present Contempt Petition is disposed of with liberty to the petitioner to initiate and seek appropriate reliefs with regard to the property in question from the competent Civil Court besides seeking appropriate remedy from the Court exercising criminal jurisdiction in accordance with law.

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DHARMESH SHARMA, J.

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AUGUST 27, 2024/ sm

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This is a digitally signed order.

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The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 29/08/2024 at 12:21:59

Mrs Mohinder Kaur through Gpa Holder Malti Gupta v. Mr Devender Arya Dcp and Anr.

Case brief

What is this about?

What did the court decide?

Mrs Mohinder Kaur through Gpa Holder Malti Gupta v. Mr Devender Arya Dcp and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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