IN THE HIGH COURT OF PUNJAB AND HARYANA 107 M/s East India Transport Agency Chander Mohan and others CORAM: Present:- NIDHI GUPTA J. (Oral) the Constitution of India read with Section 12 of the Courts of Contempt Act is for punishing the respondent for willfully, deliberately and intentionally disobeying the orders of this Court for not complying the order dated 18.9.2024 (Annex CRM-M- through its Area Manager R.K. Sharma vs. The State of Punjab and others’ whereby direction was issued to respondents No.1 to 3 but after passing of almost more than five months by the respondents nor they took the representation dated 03.12.2024 of the petitioner. COCP-1558-2025 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1558 of 2025 Date of decision : M/s East India Transport Agency Versus Chander Mohan and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. S.K. Liberhan, Advocate for the petitioner. Mr. Ravi Dutt Sharma, DAG, Haryana. NIDHI GUPTA J. (Oral) Prayer in this contempt petition filed under the Constitution of India read with Section 12 of the Courts of Contempt Act is for punishing the respondent for willfully, deliberately and intentionally disobeying the orders of this Court for not complying the order dated 18.9.2024 (Annex 15230-2024 titled as ‘M/s East India Transport Agency through its Area Manager R.K. Sharma vs. The State of Punjab and others’ whereby direction was issued to respondents No.1 to 3 but after passing of almost more than five months by the respondents nor they took the representation dated 03.12.2024 of the petitioner. 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.1558 of 2025 Date of decision :-27.03.2025 …..Petitioner …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA S.K. Liberhan, Advocate Mr. Ravi Dutt Sharma, DAG, Haryana. Prayer in this contempt petition filed under Article 215 of the Constitution of India read with Section 12 of the Courts of Contempt Act is for punishing the respondent for willfully, deliberately and intentionally disobeying the orders of this Court for not complying the order dated 18.9.2024 (Annexure P-1) passed in 2024 titled as ‘M/s East India Transport Agency through its Area Manager R.K. Sharma vs. The State of Punjab and others’ whereby direction was issued to respondents No.1 to 3 but after passing of almost more than five months nothing has been done by the respondents nor they took the representation-cum-legal notice VIJAY ASIJA 2025.03.28 19.43 I attest to the accuracy and integrity of this document this Court in CRM order, mentioned at page 45 of the paper book, reads as follows : COCP-1558-2025 The direction was passed by the co this Court in CRM-M-15230-2024. The relevant portion of the said entioned at page 45 of the paper book, reads as follows : “……Learned State counsel contends that the investigation has been done in a fair manner to speed up the trial wherein it has been found that the instant case involves chain of persons who are involved in commission of the offence but could not controvert the fact that the supari/betel worth Rs.75 lakhs is yet to be recovered. Be that as it may, this Court is of the considered view that a nexus is to be cracked to unveil the conspiracy involved in commissioning of offence wherein after disclosure statement of all accused, the supari/betel worth Rs.75 lakhs is yet to be recovered, therefore, suffice for this Court to intervene in the course of the investigation and to exercise the powers as vested with it under Section 482 Cr.P.C./528 BNSS, 2023. Hence, the investigating officer is hereby directed to consider the instant petition and the application (Annexure P trial Court, on the representation on behalf of the petitioner and to consider the issues raised by the petitioner during the course of investigation. This Court in the light of the aforenoted view of the Apex Court, is also of the opinion that the petitioner/victim falls under the ambit of the Article 21 of the Constitut the right of the victim person also deserves to be protected under the ambit of law. And the access to justice is a human right which cannot be forgoed. 2 The direction was passed by the co-ordinate Bench of 2024. The relevant portion of the said entioned at page 45 of the paper book, reads as follows :- Learned State counsel contends that the investigation has been done in a fair manner to speed up the trial wherein it has been found that the instant case involves chain of persons who are ved in commission of the offence but could not controvert the fact that the supari/betel worth Rs.75 lakhs is yet to be recovered. Be that as it may, this Court is of the considered view that a nexus is to be cracked to unveil the conspiracy involved in the commissioning of offence wherein after disclosure statement of all accused, the supari/betel worth Rs.75 lakhs is yet to be recovered, therefore, suffice for this Court to intervene in the course of the investigation and to exercise the powers as d with it under Section 482 Cr.P.C./528 BNSS, 2023. Hence, the investigating officer is hereby directed to consider the instant petition and the application (Annexure P-2) filed before the trial Court, on the representation on behalf of the to consider the issues raised by the petitioner during the course of investigation. This Court in the light of the aforenoted view of the Apex Court, is also of the opinion that the petitioner/victim falls under the ambit of the Article 21 of the Constitution of India, therefore the right of the victim person also deserves to be protected under the ambit of law. And the access to justice is a human right which cannot be VIJAY ASIJA 2025.03.28 19.43 I attest to the accuracy and integrity of this document pursuance to the said direction, it was incumbent upon the Investigating Officer has not been carried out by respondent No.3. of petitioner as from the above reproduced direction passed by the co ordinate Bench of this Court, it is clear that there is no direction to respondent No.3 to arrest the accused persons. The concerned Investigating Officer has only been raised by the petitioner in the petition CRM application filed by the petitioner before the learned trial Court, during the course of investigation. the present petition is hereby March 27 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes COCP-1558-2025 Petition in the aforesaid terms stands disposed of.” Learned counsel for the pursuance to the said direction, it was incumbent upon the Investigating Officer to arrest the accused persons, however, the arrest has not been carried out by respondent No.3. I find no merits in the said submissions of petitioner as from the above reproduced direction passed by the co ordinate Bench of this Court, it is clear that there is no direction to respondent No.3 to arrest the accused persons. The concerned Investigating Officer has only been directed to consider the issues raised by the petitioner in the petition CRM application filed by the petitioner before the learned trial Court, during the course of investigation. In view of the above, no contempt is made out, th the present petition is hereby dismissed. Rule stands discharged. Pending application(s), if any, shall stands disposed of. 7, 2025 Whether speaking/reasoned Yes / No Whether Reportable Yes / No 3 Petition in the aforesaid terms stands Learned counsel for the petitioner submits that in pursuance to the said direction, it was incumbent upon the concerned to arrest the accused persons, however, the arrest has not been carried out by respondent No.3. I find no merits in the said submissions made on behalf of petitioner as from the above reproduced direction passed by the co- ordinate Bench of this Court, it is clear that there is no direction to respondent No.3 to arrest the accused persons. The concerned directed to consider the issues raised by the petitioner in the petition CRM-M-15230-2024 and in the application filed by the petitioner before the learned trial Court, In view of the above, no contempt is made out, therefore, Pending application(s), if any, shall stands disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.03.28 19.43 I attest to the accuracy and integrity of this document