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2025 DAILYLAW 78142 (PNJ)

DEEPALI GUPTA v. SIBASH KABIRAJ IPS AND ANOTHER

COCP/3350/2025 · 2025-08-07

Sudeepti Sharma

Contempt Petitionbody2025

Judgment text

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COCP-3350-2025 (O&M) -1- 215 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP-3350-2025 (O&M) Date of decision: 07.08.2025 DEEPALI GUPTA ...Petitioner Versus SIBASH KABIRAJ IPS AND ANOTHER ...Respondents CORAM: HON'BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. Ravinder Kaushik, Advocate for the petitioner. Mr. Ravi Karam Sharma, DAG, Punjab **** SUDEEPTI SHARMA, J. (ORAL) 1. The present contempt petition has been filed for deliberate and intentional disobedience of order dated 19.05.2025 (Annexure P-1), passed by this Court in CRM-M-27051-2025, on which date the following order was passed. “1. The petitioner has filed the instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 for issuance of directions to respondents No.2 & 3 to submit final report under Section 193 of BNSS, 2023 in case FIR No.67 dated 14.11.2024 registered under Section 498- A of Indian Penal Code, 1860 at Women Police Station, District Panchkula, in the Trial Court. 2. On receipt of advance copy of the petition, Ms. Gaganpreet Kaur, D.A.G., Haryana has put in appearance on behalf of respondents No.1 to 3 and on instructions, submits that final report shall be presented before the Trial Court within a period of three weeks. 3. In this view of the matter, the instant petition has been rendered infructuous and the same is disposed of accordingly.” COCP-3350-2025 (O&M) -2- 2. Learned State counsel on instructions contends that initially final report was prepared against respondent No.2 and the final report was thereafter scrutinized by the office of District Attorney, Panchkula. The observations made by the office of District Attorney were duly complied with. Thereafter, accused was summoned multiple times, as per the directions of learned Illaqa Magistrate but he failed to appear. In the absence of accused, learned Magistrate concerned, declined to accept the charge- sheet. Subsequently, when both the accused and the complainant appeared before the learned Magistrate concerned along with the IO/SHO concerned, for submission of the charge-sheet, then also the learned Magistrate again declined to accept the same and directed the IO/SHO to verify the complainant’s address. After compliance of the directions of learned Magistrate concerned, the IO/SHO again submitted the final report before the learned Magistrate on 17.07.2025 and the same is under consideration of learned trial Court 3. He further contends that in these circumstances, the final report has been finally submitted on 17.07.2025. 4. Accordingly, the civil original contempt petition is dismissed. Contempt is purged and rule is discharged. 5. Pending application(s), if any, stand disposed of accordingly. (SUDEEPTI SHARMA) 07.08.2025 JUDGE Ithlesh Whether speaking/reasoned:- Yes/No Whether reportable: Yes/No ITHLESH KUMAR 2025.08.08 14:17 I attest to the accuracy and integrity of this order/judgment