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2025 DAILYLAW 34020 (PNJ)

SANDEEP SHARMA AND ANR v. NITISH AGGARWAL AND ORS

COCP/1086/2024 · 2025-08-28

Nidhi Gupta

Contempt Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

COCP-1086 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 212 Sandeep Sharma and another Nitish Aggarwal and CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Present: - NIDHI GUPTA, J. (ORAL) 1. alleging willful, deliberate mandate, directions and guidelines issued by vide its judgment in Law Finder Doc Id 2. vehemently objected to the same and has pointed out that first and foremost there is provisions further submitted that as per Rule 9 of the High Court Rules and Regulations enumerated therein. It is also submitted tha petitioners have the 3. aforesaid submissions of learned counsel for the respondents. 1086-2024 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP Date of Decision: Sandeep Sharma and another Versus Nitish Aggarwal and others CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Ms. Jyoti Chahal, Advocate for Mr. Ankit Chahal, Advocate for the petitioners. Mr. Priyavrat Parashar, AAG, Haryana. NIDHI GUPTA, J. (ORAL) The present contempt petition has been filed by the petitioner willful, deliberate, intentional violation and disobedience of the mandate, directions and guidelines issued by vide its judgment in Arnesh Kumar vs. State of Bihar and another, Law Finder Doc Id # 572180. At the very outset, learned counsel for the respondents vehemently objected to the same and has pointed out that first and foremost there is a remedy available to the of Bharatiya Nagarik Suraksha Sanhita, 2023 further submitted that as per Rule 9 of the High Court Rules and Regulations, contempt is maintainable only enumerated therein. It is also submitted tha petitioners have the remedy of malicious prosecution. Learned counsel for the petitioner aforesaid submissions of learned counsel for the respondents. IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-1086-2024 Date of Decision: 28.08.2025 .… Petitioners .... Respondents CORAM: HON'BLE MS. JUSTICE NIDHI GUPTA Ms. Jyoti Chahal, Advocate for Mr. Ankit Chahal, Advocate for the petitioners. rashar, AAG, Haryana. The present contempt petition has been filed by the petitioner intentional violation and disobedience of the mandate, directions and guidelines issued by the Hon’ble Supreme Court Arnesh Kumar vs. State of Bihar and another, At the very outset, learned counsel for the respondents vehemently objected to the same and has pointed out that first and available to the petitioners under the Bharatiya Nagarik Suraksha Sanhita, 2023/Cr.P.C. It is further submitted that as per Rule 9 of the High Court Rules and , contempt is maintainable only in 03 kinds of cases as enumerated therein. It is also submitted that for illegal arrest, the remedy of malicious prosecution. Learned counsel for the petitioners is unable to dispute the aforesaid submissions of learned counsel for the respondents. The present contempt petition has been filed by the petitioner intentional violation and disobedience of the the Hon’ble Supreme Court Arnesh Kumar vs. State of Bihar and another, At the very outset, learned counsel for the respondents vehemently objected to the same and has pointed out that first and under the further submitted that as per Rule 9 of the High Court Rules and 03 kinds of cases as t for illegal arrest, the is unable to dispute the RISHU KATARIA 2025.08.29 14:43 I attest to the accuracy and authenticity of this order/judgment. COCP-1086 4. liberty to the petitioner accordance with law. 5. 6. 28.08.2025 rishu 1086-2024 -2- In view of the above, the present petition liberty to the petitioners to take recourse to the appropriate remedy, in accordance with law. Rule stands discharged. Pending application(s), if any, shall also stand disposed of. 28.08.2025 Whether speaking/reasoned Whether Reportable the present petition is dismissed, with to take recourse to the appropriate remedy, in Pending application(s), if any, shall also stand disposed of. ( NIDHI GUPTA ) JUDGE Whether speaking/reasoned Yes/No Yes/No with to take recourse to the appropriate remedy, in RISHU KATARIA 2025.08.29 14:43 I attest to the accuracy and authenticity of this order/judgment.