IN THE HIGH COURT OF PUNJAB AND HARYANA 137 Jitesh Verma Mr. Sandeep Sharma, and others CORAM: Present:- NIDHI GUPTA J. (Oral) proceedings against the respondent(s) for dated 16.10.2019 (Annexure P Court in CRM and others” vide which the of learned counsel for the State, who, on instructions from ASI Gurwinderpal Singh cancellation report on 02.7.2019 and the same will be presented before the Illaqa Magistrate in due course. order dated 16.10.2019 (Annexure P respondents contended that a statement had been made by the learned State COCP-2635-2023 (O & M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH COCP No.2635 of 2023 (O & M) Date of decision : Jitesh Verma Versus Mr. Sandeep Sharma, Senior Superintendent of Police, Kapurthala and others CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Mr. Maninder Arora, Advocate with Mr. Harmeet Singh, Advocate for the petitioner. Mr. Manmeet Singh Teji, AAG Punjab. GUPTA J. (Oral) Prayer in this petition is for initiation of contempt proceedings against the respondent(s) for willful dated 16.10.2019 (Annexure P-1) passed by a co CRM-M-51835-2018 titled as “Jitesh Verma vs. State of Punjab and others” vide which the said petition was disposed of on the statement of learned counsel for the State, who, on instructions from ASI Gurwinderpal Singh had submitted that the police had prepared cancellation report on 02.7.2019 and the same will be presented before the Illaqa Magistrate in due course. It is submitted by learned counsel for the petitioner that the order dated 16.10.2019 (Annexure P-1) has been violated by the respondents, as challan has been presented against the petitioner contended that a statement had been made by the learned State 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 2635 of 2023 (O & M) Date of decision :-06.08.2025 …..Petitioner Senior Superintendent of Police, Kapurthala …..Respondents HON'BLE MS. JUSTICE NIDHI GUPTA Maninder Arora, Advocate with Mr. Manmeet Singh Teji, AAG Punjab. Prayer in this petition is for initiation of contempt willful disobedience of the order 1) passed by a co-ordinate Bench of this Jitesh Verma vs. State of Punjab petition was disposed of on the statement of learned counsel for the State, who, on instructions from ASI submitted that the police had prepared a cancellation report on 02.7.2019 and the same will be presented before the It is submitted by learned counsel for the petitioner that the 1) has been violated by the hallan has been presented against the petitioner. It is contended that a statement had been made by the learned State Counsel that VIJAY ASIJA 2025.08.08 18.17 I attest to the accuracy and integrity of this document cancellation report had been filed in the FIR. It is submitted that despite that, in contravention of the statement of the le has been presented against the petitioner. It is submitted that this constitutes violation of the order dated 16.10.2019. action be taken against the respondents. Darshan Singh refute departmental enquiry has been initiated against to enquire into the matter. the Compliance Affidavit of Smt. Vatsala Gupta, IPS, Senior Superintendent of Police, Kapurthala dated 03.09.2024 as follows : COCP-2635-2023 (O & M) cancellation report had been filed in the FIR. It is submitted that despite that, in contravention of the statement of the le has been presented against the petitioner. It is submitted that this constitutes violation of the order dated 16.10.2019.Accordingly prays that appropriate action be taken against the respondents. Learned counsel for the Stat Darshan Singh refutes the submission of the departmental enquiry has been initiated against to enquire into the matter. In this regard, learned Counsel Compliance Affidavit of Smt. Vatsala Gupta, IPS, Senior Superintendent of Police, Kapurthala dated 03.09.2024 as follows :- “xxx xxx xxx 6. That it was further recommended in the report that, by doing so ASI Gurwinderpal Singh 577/Kapurthala has shown carelessness and has shown negligence towards his duty, thus, it was recommended that Departmental Inquiry be initiated against him. That agreeing with the report of the Superintendent of Police, Sub then Senior Superintendent of Police, Kapurthala passed the Order vide No. 2561 25.11.2019, whereby Departmental Inquiry was initiated against ASI Gurwinderpal Singh No. 577/Kapurthala as per PPR Rule No. 16.24 and the same was conducted by Sh. Davinder Sing Deputy Superintendent of Police, Special Branch, Kapurthala. The copy of the Order vide No. 2561 64/PA dated 25.11.2019 is annexed herewith as Annexure R-1. xxx xxx xxx” 2 cancellation report had been filed in the FIR. It is submitted that despite that, in contravention of the statement of the learned State Counsel, challan has been presented against the petitioner. It is submitted that this constitutes Accordingly prays that appropriate Learned counsel for the State, on instructions from ASI the petitioner and submits that departmental enquiry has been initiated against ASI Gurvinder Pal Singh, this regard, learned Counsel refers to para 6 of Compliance Affidavit of Smt. Vatsala Gupta, IPS, Senior Superintendent of Police, Kapurthala dated 03.09.2024, wherein it is stated That it was further recommended in the report that, by doing so ASI Gurwinderpal Singh purthala has shown carelessness and has shown negligence towards his duty, thus, it was recommended that Departmental Inquiry be initiated against him. That agreeing with the report of the Superintendent of Police, Sub-Division Phagwara, the perintendent of Police, Kapurthala passed the Order vide No. 2561-64/PA dated 25.11.2019, whereby Departmental Inquiry was initiated against ASI Gurwinderpal Singh No. 577/Kapurthala as per PPR Rule No. 16.24 and the same was conducted by Sh. Davinder Singh, PPS, Deputy Superintendent of Police, Special Branch, Kapurthala. The copy of the Order vide No. 2561- 64/PA dated 25.11.2019 is annexed herewith as VIJAY ASIJA 2025.08.08 18.17 I attest to the accuracy and integrity of this document petitioner had joined been filed against the petitioner on 10.9.2024; and the next date fixed before the learned trial Court is 09.09.2025 for framing of charges. further submitted that the respondents have utmost direction of this Court; and even in the present case, there is no violation of the order dated 16.10.2019 ‘Jitesh Verma versus State of Punjab and others the FIR no. 30 dated 17.2.2018, registered 506/34 IPC ( Police Station, City Phagwara; and no. 6 to 9 Court vide order dated 16.10.2019 (Annexure P by the learned State counsel on instructions from that Cancellation Report had been prepared in the ma the same will be presented before the Il the contention of the petitioner that presentation of the challan against the petitioner in the FIR given before this Court, find no merit whatsoever in the said contention. was merely apprised of the fact that a cancellation report had been prepared in the FIR on 2.7.2019, which was t Magistrate in due course imagination be construed as any In any event, accept or reject the Cancellation Report is with the Il COCP-2635-2023 (O & M) Learned counsel for the State petitioner had joined the investigation on 09.4.2024; and the challan has been filed against the petitioner on 10.9.2024; and the next date fixed before the learned trial Court is 09.09.2025 for framing of charges. further submitted that the respondents have utmost direction of this Court; and even in the present case, there is no violation of the order dated 16.10.2019 made out. Heard. The petitioner had filed the CRM Jitesh Verma versus State of Punjab and others the FIR no. 30 dated 17.2.2018, registered 506/34 IPC (Sec. 295 IPC added later), and 25/27/54/59 of the Arms Act, at Police Station, City Phagwara; and to lodge an FIR against the respondents no. 6 to 9 therein. The said CRM-M-51835 Court vide order dated 16.10.2019 (Annexure P by the learned State counsel on instructions from that Cancellation Report had been prepared in the ma the same will be presented before the Illaqa Magistrate in due course the contention of the petitioner that presentation of the challan against the petitioner in the FIR No.30 dated 17.2.2018 before this Court, amounts to violation of order find no merit whatsoever in the said contention. was merely apprised of the fact that a cancellation report had been prepared in the FIR on 2.7.2019, which was to be presented before the Il Magistrate in due course. The same cannot b imagination be construed as any ‘undertaking In any event, no such ‘undertaking’ can be given reject the Cancellation Report is with the Il 3 Learned counsel for the State further submits that the the investigation on 09.4.2024; and the challan has been filed against the petitioner on 10.9.2024; and the next date fixed before the learned trial Court is 09.09.2025 for framing of charges. It is further submitted that the respondents have utmost respect for every direction of this Court; and even in the present case, there is no violation of the CRM-M-51835-2018 titled as Jitesh Verma versus State of Punjab and others’ seeking cancellation of the FIR no. 30 dated 17.2.2018, registered against him, under Section and 25/27/54/59 of the Arms Act, at lodge an FIR against the respondents 51835-2018 was disposed of by this Court vide order dated 16.10.2019 (Annexure P-1) on the statement made by the learned State counsel on instructions from ASI Gurwinderpal Singh that Cancellation Report had been prepared in the matter on 02.7.2019 and a Magistrate in due course.It is the contention of the petitioner that presentation of the challan against the dated 17.2.2018 after the above ‘undertaking’ amounts to violation of order dated 16.10.2019. I find no merit whatsoever in the said contention. On 16.10.2019, this Court was merely apprised of the fact that a cancellation report had been prepared o be presented before the Illaqa The same cannot by any stretch of the undertaking’ on part of the respondents. given under law, as the power to reject the Cancellation Report is with the Illaqa Magistrate. VIJAY ASIJA 2025.08.08 18.17 I attest to the accuracy and integrity of this document supplied to this Court on 16.10.2019 as it is admitted fact on record that per the information received by the petitioner under the Information Act from the SHO, Police Station Phagwara vide Annexure P 4, Cancellation Report was 02.7.2019 (mentioned as 2.7.2018 in the petitioner had joined investigation on 09.4.2024; and challan against the petitioner on 10.9.2024; and the next date fixed before the learned trial Court is 09.09.2025 for framing of charges. issued in the matter. issued in the matter. August 06 Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No COCP-2635-2023 (O & M) Even otherwise, there was no error in the information so supplied to this Court on 16.10.2019 as it is admitted fact on record that information received by the petitioner under the Information Act from the SHO, Police Station Phagwara vide Annexure P 4, Cancellation Report was indeed approved by the concerned authority on 9 (mentioned as 2.7.2018 in Annexure P Even further, as informed by the petitioner had joined investigation on 09.4.2024; and challan against the petitioner on 10.9.2024; and the next date fixed before the learned trial Court is 09.09.2025 for framing of charges. In view of the above, no further dire issued in the matter. Hence, the present contempt petition is Rule stands discharged. Pending application(s), if any, shall stand disposed of. 6, 2025 Vijay Asija speaking/reasoned Yes / No Whether Reportable Yes / No 4 there was no error in the information so supplied to this Court on 16.10.2019 as it is admitted fact on record that as information received by the petitioner under the Right to Information Act from the SHO, Police Station Phagwara vide Annexure P- approved by the concerned authority on Annexure P-4). learned counsel for the State, the petitioner had joined investigation on 09.4.2024; and challan was filed against the petitioner on 10.9.2024; and the next date fixed before the learned trial Court is 09.09.2025 for framing of charges. view of the above, no further direction is required to be Hence, the present contempt petition is dismissed. Pending application(s), if any, shall stand disposed of. ( NIDHI GUPTA ) JUDGE VIJAY ASIJA 2025.08.08 18.17 I attest to the accuracy and integrity of this document