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2025 DAILYLAW 110515 (PNJ)

SAROJANI AND ANR v. DEEPAK PAREEK AND ORS

COCP/156/2025 · 2025-04-25

Harkesh Manuja

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

126 IN THE HIGH COURT OF PUNJAB AND HARYANA SAROJANI AND ANR DEEPAK PAREEK AND ORS CORAM: HON'BLE MR. JUSTICE Present: Ms. Malkit Kaur, Mr. Siddharth Sandhu, AAG, Punjab. HARKESH MANUJA By way of present petition filed under Article 215 of the Constitution of India read with Sections 12 and 15 of the Contempt of Courts Act, 1971, prayer has been made for initiation of contempt proceedings against the respondent on account of alleged willful non compliance of order dated 18.10.2024 passed by this 9170-2024. The relevant portion thereof is extracted hereunder: “In view of the limited prayer made by the petitioners, without commenting anything on the merits of the case, the present petition is disposed of at this stage with a direction No. aforesaid representation of the petitioners within a period of one month from today, by passing a speaking order in accordance with law and take necessary action, if so required. Notice of motion in the present 15/01/2025. In behalf of the way of an affidavit dated (Annexure R1) dated 21/01/2025, where mentioned that for the purpose of enquiry, both the parties were called to police station IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Date of Decision: SAROJANI AND ANR Versus DEEPAK PAREEK AND ORS HON'BLE MR. JUSTICE HARKESH MANUJA Ms. Malkit Kaur, Advocate for the Mr. Siddharth Sandhu, AAG, Punjab. **** HARKESH MANUJA, J. (ORAL) By way of present petition filed under Article 215 of the Constitution of India read with Sections 12 and 15 of the Contempt of Courts Act, 1971, prayer has been made for initiation of contempt proceedings against the respondent on account of alleged willful non compliance of order dated 18.10.2024 passed by this 2024. The relevant portion thereof is extracted hereunder: In view of the limited prayer made by the petitioners, without commenting anything on the merits of the case, the present petition is disposed of at this stage with a direction No.2-Senior Superintendent of Police, SAS Nagar to decide the aforesaid representation of the petitioners within a period of one month from today, by passing a speaking order in accordance with law and take necessary action, if so required. Notice of motion in the present 1/2025. Notice of motion in the present 1/2025. In pursuance thereof, a compliance report behalf of the Senior Superintendent of Police, S way of an affidavit dated 30/01/2025 along with the speaking (Annexure R1) dated 21/01/2025, wherein mentioned that for the purpose of enquiry, both the parties were called to police station a number of times, but they failed to appear, however, IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-156-2025 Date of Decision: April 25, 2025 ........Petitioners ........Respondents HARKESH MANUJA Advocate for the petitioners. Mr. Siddharth Sandhu, AAG, Punjab. By way of present petition filed under Article 215 of the Constitution of India read with Sections 12 and 15 of the Contempt of Courts Act, 1971, prayer has been made for initiation of contempt proceedings against the respondent on account of alleged willful non- compliance of order dated 18.10.2024 passed by this Court in CWP- 2024. The relevant portion thereof is extracted hereunder:- In view of the limited prayer made by the petitioners, without commenting anything on the merits of the case, the present petition is disposed of at this stage with a direction to respondent Senior Superintendent of Police, SAS Nagar to decide the aforesaid representation of the petitioners within a period of one month from today, by passing a speaking order in accordance with law and take necessary action, if so required.” Notice of motion in the present petition was issued on a compliance report was filed on f Police, SAS Nagar, Mohali by /01/2025 along with the speaking order in, it has been categorically mentioned that for the purpose of enquiry, both the parties were called number of times, but they failed to appear, however, April 25, 2025 By way of present petition filed under Article 215 of the Constitution of India read with Sections 12 and 15 of the Contempt of Courts Act, 1971, prayer has been made for initiation of contempt - - In view of the limited prayer made by the petitioners, without commenting anything on the merits of the case, the present to respondent Senior Superintendent of Police, SAS Nagar to decide the aforesaid representation of the petitioners within a period of one month from today, by passing a speaking order in accordance petition was issued on filed on S Nagar, Mohali by order it has been categorically mentioned that for the purpose of enquiry, both the parties were called TEJWINDER SINGH 2025.04.28 09:59 I attest to the accuracy and integrity of this document COCP-156-2025 -2- considering the fact that there could be scuffle between the parties which could lead to the serious offence, a preventive measure under Section(s) 126/169 of BNSS was taken at Police Station Zirakpur. Today, at the time of hearing, learned counsel for the petitioners was specifically asked as to whether the petitioners intend to appear before respondent No.1 for fresh hearing, to which she initially consented, however, later she insisted that order on merits be passed in the present petition rather than making the petitioners appear before respondent No.1. In such circumstances, once the speaking order has already been passed on the representation submitted by the petitioners, order dated 18/10/2024 stands complied with. However, in the interest of justice, in case, the petitioners intend to go further with the representation, they may appear before respondent No.1 within one week from today and in case any substance is found in the representation, fresh speaking order after hearing all the concerned parties be passed. In view of the aforesaid, the present petition is disposed of. Rule stands discharged. 25.04.2025 (HARKESH MANUJA) Tejwinder JUDGE Whether speaking/reasoned Yes/No Whether Reportable Yes/No TEJWINDER SINGH 2025.04.28 09:59 I attest to the accuracy and integrity of this document