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2019 DAILYLAW 4155 (PNJ)

COURT ON ITS OWN MOTION v. AJAY KUMAR AND ANR

CROCP/62/2019 · 2026-07-28

Sukhvinder Kaur, Vinod S Bhardwaj

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CROCP-62-2019 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 219 CROCP-62-2019 Date of decision: 28.07.2026 COURT ON ITS OWN MOTION ...Petitioner VERSUS AJAY KUMAR AND ANR. ...Respondents CORAM : HON’BLE MR. JUSTICE VINOD S. BHARDWAJ HON'BLE MRS. JUSTICE SUKHVINDER KAUR Present: Ms. Chhavi Sharma, DAG, Haryana assisted by P/SI Tapender, SHO City Kanina. ***** VINOD S. BHARDWAJ , J.(ORAL) Consequent upon receipt of letter from Civil Judge (JD)-cum- Judicial Magistrate First Class, Mohindergarh, bearing No.187/2.3.2019 received by this Court through proper channel, the present proceedings had been initiated. Despite attempts being made by this Court to effect service upon the respondents-contemnors, the same could not be effected. 2 Vide orders dated 16.02.2026 and 23.03.2026, directions were issued to the Superintendent of Police, Mahendergarh as well as the Superintendent of Police, Narnaul, to make all efforts to locate the alleged contemnors. 3 In compliance thereof, an affidavit of Dr. Kavita, P/HPS, Deputy Superintendent of Police, Kanina, District Mahendergarh, has been filed. The relevant extract of the affidavit reads as under:- 6. That in compliance of the directions issued by this Hon'ble Court vide order dated 07.11.2023 as well as issued by Ld. Court of CJM, JYOTI 2026.07.30 12:28 I attest to the accuracy and integrity of this document CROCP-62-2019 2 Narnaul, ASI Satish Kumar who was posted as investigating officer at Police Station, City Kanina was directed to execute the bailable warrants of the respondent/contemnor who on 14.02.2024, reached at village Kotia and made the contact with Dharambir Yadav who is current Sarpanch of village Kotia and on enquiry who told that no person with the name of Ajay Kumar Jangra and J.S. Jangra son of Roshan Lal Jangra are residing in village Kotia and he also told that the name of these persons are not mentioned in the Voter List of their village Kotia. Besides, the investigating officer made the contact with other prominent person of village Kotia who also told that no person with the name of Ajay Kumar Jangra and J.S. Jangra son of Roshan Lal Jangra are residing in village Kotia. 7. That thereafter, the investigating officer obtained the Voter List of village Kotia from the Sarpanch of village Kotia which was considered/gone through by the then DSP, Kanina carefully and it was found that no person with the name of Ajay Kumar Jangra and J.S. Jangra son of Roshan Lal Jangra are mentioned in the Voter List of village Kotia. It is pertinent to mention here that as per report of Sarpanch, Gram Panchayat Kotia as well as a perusal of Voter List of village Kotia, it has been cleared that the respondents/contemnor are not residents of village Kotia. 8. That thereafter, the then DSP, Kanina made the contact with the presidents of Bar Associations, Narnaul, Kanina and Mahendergarh to verify the name and address of Ajay Kumar Advocate son of J.S. Jangra resident of Kotia. It is pertinent to mention here that the then DSP, Kanina has obtained the reports from the concerned presidents and according to which as per record, no person with the name of Ajay Kumar Advocate son of J.S. Jangra resident of Kotia is registered as practicing advocate in their bar association. It is pertinent to mention here that the then DSP, Kanina has made his best efforts to locate the whereabouts of the respondents and to get the service effected through bailable warrants but the whereabouts of the respondents was not traced out. It is submitted that as per verification of the address of the contemnor, they are not residing in village Kotia nor their names are mentioned in the Voter List of village Kotia and the name of one respondent/contemnor Ajay Kumar Advocate is not found registered as practicing advocate in any of the bar associations of District Mahendergarh (Narnaul, Mahendergarh and Kanina) as per report of their presidents respectively. 9. That on 27.02.2024, the above facts were brought in the knowledge of Ld. Addl. Advocate General, Haryana and on the said date this Hon'ble Court has passed the order dated 27.02.2024 wherein the then DSP, Kanina was directed to deploy all the logistical wherewithals available with him JYOTI 2026.07.30 12:28 I attest to the accuracy and integrity of this document CROCP-62-2019 3 for thereby, his further ensuring that the respondents/contemnors are served through bailable warrants, and, the said bailable warrants are directed to be made returnable, after executions thereof, thus, on or before 06.05.2024. 10. That in compliance of order dated 27.02.2024, the then DSP, Kanina made his best efforts to comply with the said order and in pursuance of the said order he made the contact with O/o Life Insurance Co-operation, Mahendergarh whether Ajay Kumar Jangra and JS Jangra r/o Kotia are having any Insurance Policy or not and in response to the said letter they mentioned that as per record there is no policy in the name of Ajay Jangra son of JS Jangra and JS Jangra son of Roshan Lal Jangra r/o Kotia and thereafter he made the contact with electricity department Kanina, RTO office Narnaul, O/o Tehsildar Kanina, Tehsil Kanina, Public Information Department, Kanina, Secretary Municipal Committee, Kanina, Civil Surgeon Govt. Hospital, Narnaul, Food and Supply Department, Narnaul, Jangir Brahman Sabha, District Mahendergarh, HDFC Bank, Kanina, SBI Bank, Kanina, UCO Bank, Kanina, Axis Bank, Kanina, PNB Bank, Kanina, Sarva Haryana Gramin Bank, Kanina, Post Office Mahendergarh, Cyber Cell Narnaul, Aadhar Card office Delhi and O/o BSNL, Narnaul to find out the addresses of the respondents and to get the service effected through bailable warrants but the whereabouts of the respondents could not find out. 11. That apart from the above efforts, the then DSP, Kanina made the contact with Suresh Kumar son of Late Rati Ram r/o Surehti Jakhal, Satnali, District Mahendergarh who is presently resident of RZ 135/91 3RD Floor Street no. 2 East Sagarpur New Delhi who got recorded his statement that he has no knowledge about the whereabouts of Ajay Jangra son of JS Jangra and JS Jangra son of Roshan Lal Jangra r/o Kotia. The then DSP, Kanina has also made the contact with Surender Kumar son of Late Rati Ram r/o Surehti Jakhal, Satnali, District Mahendergarh who stated that he has no knowledge about the whereabouts of Ajay Jangra son of JS Jangra and JS Jangra son of Roshan Lal Jangra r/o Kotia. The then DSP, Kanina has also made the contact with Sulochna w/o Surender Kumar r/o Surehti Jakhal, Satnali, District Mahendergarh who got recorded her statement that she have no knowledge about the whereabouts of Ajay Jangra son of JS Jangra and JS Jangra son of Roshan Lal Jangra r/o Kotia. It is pertinent to mention here that Suresh Kumar, Surender Kumar and Sulochna are the persons whose name were mentioned in the letter/registered envelope which was handed over to Sh. Himanshu Singh Addl. Civil Judge Cum SDJM, Mahendergarh and it was alleged that in the case titled as State v/s Surender and Sulochna, Sh. B.S. Shekhawat Advocate has accepted illegal gratification to the tune of Rs. 1500000/- in JYOTI 2026.07.30 12:28 I attest to the accuracy and integrity of this document CROCP-62-2019 4 the name of SDJM, Mahendergarh and Ld. District Judge, Narnaul to secure the acquittal of Surender and Sulochna. It is submitted that the named persons have been interrogated but no fruitful purpose was served out as the whereabouts of Ajay Jangra son of JS Jangra and JS Jangra son of Roshan Lal Jangra r/o Kotia have not been discovered. Besides, the crime register of police station, City Kanina pertaining to crime of villages was also checked by the then DSP, Kanina wherein no any person in the name of Ajay Jangra son of JS Jangra and JS Jangra son of Roshan Lal Jangra r/o Kotia were found. 12. That in compliance of the directions issued by the Hon'ble High Court vide order dated 07.11.2023/27.02.2024, the then DSP Kanina made his best efforts to find out the whereabouts of the respondents and to execute the bailable warrants of Ajay Kumar son of JS Jangra and JS Jangra son of Roshan Lal Jangra both residents of village Kotia, P.S. City Kanina, District Mahendergarh as in this regard he issued the directions to ASI Satish Kumar, P.S. City Kanina to find out the above respondents and to execute the bailable warrants upon them. On 19.10.2024, the investigating officer reached at village Kotia and made the contact with the prominent persons of village Kotia namely Nandlal son of Sh. Madu Ram, Dharambir son of Bhagwan Singh, Roshan Lal son of Ganpat Singh, Om Parkash son of Richpal, Vikram son of Bhagwan Singh, Ishwar son of Sheodutt, Ved Parkash son of Roop Ram all residents of village Kotia and on enquiry/interrogation they told that no person in the name of Ajay Kumar Jangra and JS Jangra son of Roshan Lal Jangra are residing in village Kotia. Thereafter, the investigating officer reached at neighbouring village Kotia and contacted with Rajender son of Bharpur Singh who is the permanent resident of village Kotia and on interrogation he told that no person in the name of Ajay Kumar Jangra and JS Jangra son of Roshan Lal Jangra are residing in village Kotia. Then the investigating officer reached at another neighbouring village Bharaf and made the contact with Partap son of Raghuveer Singh who told that no person in the name of Ajay Kumar Jangra and JS Jangra son of Roshan Lal Jangra are residing in village Bharaf, P.S. City Kanina. 13. That in compliance of order dated 16.02.2026 passed by this Hon'ble Court in the present CROCP, the Superintendent of Police, Mahendergarh at Narnaul has passed the order dated 23.02.2026 whereby the then DSP Kanina (SO) as well as In-charge CIA Mahendergarh are assigned the duties and responsibilities to locate above said person and to produce them before Hon'ble High Court on next date of hearing i.e. 23.03.2026 (Copy of order dated 23.02.2026 is annexed herewith as Annexure R-1). 14. That the special investigation team (SIT) has made their best efforts to locate Ajay Kumar son of J.S Jangra and J.S Jangra son of Roshan Lal JYOTI 2026.07.30 12:28 I attest to the accuracy and integrity of this document CROCP-62-2019 5 Jangra, residents of V.P.O Kotia, Tehsil Kanina, District Mahendergarh by issuing the notices u/s 94 BNSS, 2023 to Food and Supplies Department, Narnaul, Election Department, Narnaul, Vehicle Registration Branch, Mahendragarh, Licensing Authority, Mahendragarh, Bar Association, Mahendragarh, Sarpanch, Gram Panchayat Kotia etc. for getting the names/addresses of Ajay Kumar son of J.S Jangra and J.S Jangar son of Roshan Lal Jangra, residents of V.P.O Kotia but no information about their whereabouts was received from all the above mentioned offices/person. Furthermore, the special investigation team (SIT) has also visited Village Kotia for physical verification and inquiries but no persons by these names were found to reside there. 15. That to verify the correct name and address of Mr. Ajay Kumar son of J.S. Jangda and J.S. Jangda son of Roshan Lal Jangda, a letter vide memo no.49-5A dated 12.04.2026 was written to the Secretary Bar Council of Punjab and Haryana Chandigarh by the then Deputy Superintendent of Police, Kanina and in response to the said letter, the Bar Council of Punjab and Haryana Chandigarh sent a letter to the then DSP Kanina vide memo no.403 dated 28.04.2026 by mentioning that no such person i.e. Mr. Ajay Kumar S/o J.S. Jangra and Sh. J.S. Jangra S/o Roshan Lal Jangra got enrolled with this Bar Council, however by providing better particulars like complete names, contact number or with their residential address may be possible to trace if enrolled (Copy of letter dated 28.04.2026 is annexed herewith as Annexure R-2). 16. That it is submitted that the special investigation team (SIT) has made its best efforts to locate the address of Mr. Ajay Kumar son of Sh. J.S. Jangra and Mr. J.S. Jangra son of Sh. Roshan Lal Jangra, residents of VPO Kotiya, Tehsil Kanina, District Mahendergarh but the said address has been found false. It is pertinent to mention here that the whereabouts of Ajay Kumar and Mr. J.S. Jangra son of Sh. Roshan Lal Jangra could not be trace out despite best efforts made by the special investigation team (SIT) and it has been established that the address which was mentioned on the complaint i.e. residents of VPO Kotiya, Tehsil Kanina, District Mahendergarh does not exists. Moreover, there is no any kind of photographs of the respondents/contemnor are available with the special investigation team (SIT) and without any kind of knowledge of their correct address and other clue, it is very difficult to locate Ajay Kumar son of J.S Jangra and J.S. Jangra son of Roshan Lal on the address which was mentioned on the envelope/complaint filed by the contemnors as their address residents of Kotia, Tehsil Kanina, District Mahendergarh has been found false. It is further submitted that the best efforts have been made by the special investigation team (SIT) to locate the whereabouts of the respondents/contemnor to produce them before this Hon'ble Court on the JYOTI 2026.07.30 12:28 I attest to the accuracy and integrity of this document CROCP-62-2019 6 date of hearing i.e. 04.05.2026 but despite best efforts, they could not be located. It is submitted that in view of the above facts as well as the efforts which has already been made by the Special Investigation Team (SIT), it has been cleared that no such persons i.e. Mr. Ajay Kumar son of J.S. Jangda and J.S. Jangda son of Roshan Lal Jangda are existed in the real life and had mentioned the false name and address on the complaint and due to this reason, the special investigation team (SIT) is unable to produce the fake persons before this Hon'ble Court. It is submitted that in view of the above, there is no any kind of deliberate disobedience of any direction of this Hon'ble High Court intentionally. Affidavit is being submitted please for the kind consideration of this Hon'ble Court.’ 4 It is evident from the perusal of the aforesaid report that extensive efforts have been made by the Police to trace the whereabouts of Ajay Kumar son of J.S. Jangra as well as J.S. Jangra son of Roshan Lal Jangra, resident of Village Kotia, Tehsil Kanina, District Mahendergarh. However, no information regarding the said persons or their whereabouts could be ascertained. 5 Under the given circumstances, it appears that the aforesaid letter was sent by some mischievous elements under a fictitious name and address. 6 In view of the above, the contempt proceedings are consigned at this stage and no orders are required to be passed. 7 Disposed of accordingly. 8 In the event the whereabouts become known or traced, the office would be at liberty to seek revival of the present contempt. (VINOD S. BHARDWAJ) JUDGE (SUKHVINDER KAUR) 28.07.2026 JUDGE jyoti3 Whether reasoned/speaking? Yes/No Whether reportable? Yes/No JYOTI 2026.07.30 12:28 I attest to the accuracy and integrity of this document