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2025 DAILYLAW 101750 (PNJ)

BALDEV RAJ v. SWAPAN SHARMA, IPS AND ANOTHER

COCP/4764/2025 · 2025-09-23

Sudeepti Sharma

body2025

Judgment text

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120 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-4764-2025 Date of decision: 23.09.2025 BALDEV RAJ ..Petitioner Versus SWAPAN SHARMA, IPS AND ANR ..Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Khushkaran Kumar, Advocate for the petitioner. Mr. Animesh Sharma, Addl. A.G, Punjab. SUDEEPTI SHARMA , J. (Oral) 1. The contempt petition has been filed for deliberate and intentional disobedience of order dated 16.12.2024 passed by learned Additional Sessions Judge/Fast Track Special Court under POCSO Act, Ludhiana in BA No.15760 of 2024. 2. The relevant para of order dated 16.12.2024 is reproduced as under:- “9. Since, many contradictory facts and injuries on the person of applicant/accused have not been explained by the I.O/ASI Harbhol Singh No.112/Ldh and Dr. Himanshu Gupta. In the interest of justice, the copy of this order be sent to Commissioner of Police, Ludhiana for necessary information and legal action be initiated against I.O/ASI Harbhol Singh No.112/Ldh for conducting faulty investigation of this case. Also copy of this order be sent to concerned SMO/CMO of Civil Hospital, Ludhiana to conduct an inquiry against Dr. Himanshu Gupta who has failed to report the correct injuries on the person of applicant/accused Baldev Raj when he was examined on MOHD AYUB 2025.09.24 15:29 I attest to the accuracy and authenticity of this order/judgment. COCP-4764-2025 -2- 18.11.2024 where only one injury was recorded and same doctor has recorded six injuries on the person of applicant/accused Baldev Raj when he was examined on 20.11.2024. The said inquiry conducted by CMO/SMO Civil Hospital, Ludhiana be sent to Commissioner of Police, Ludhiana who then shall take action against the erring officials as per law.” 3. The above referred to order was passed in bail application in which the petitioner is an accused. 4. A perusal of order dated 16.12.2024 shows that no contempt is made out since the case is still pending and above referred to order is just observation of learned Additional Sessions Judge, Ludhiana in a pending case regarding investigation. 5. In view of the above, the present petition is not maintainable and the same is hereby dismissed. September 23rd, 2025 (SUDEEPTI SHARMA) Ayub JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No MOHD AYUB 2025.09.24 15:29 I attest to the accuracy and authenticity of this order/judgment.