COCP No. 587 of 2009 1 In the High Court for the States of Punjab and Haryana at Chandigarh … COCP No. 587 of 2009 Date of decision: July 16,2009 Sukhmeet Singh @ Deputy son of Jarnail Singh ..Petitioner. Versus Pawan Rai and another ..Respondents Coram: Hon'ble Mr. Justice Rakesh Kumar Garg Present: Mr. Navdeep Monga, Advocate for Mr. N.K.Banka, Advocate for the petitioner Mr. S.S.Sahu, AAG,Punjab for the respondents .. Rakesh Kumar Garg,J(Oral) As per the averments made in this petition, the petitioner was in judicial custody and was confined in Central Jail, Jalandhar while facing trial in case FIR No.10 dated 11.1.2008 under Sections 464, 364-A, 467, 468, 392, 307, 506, 411, 148, 149 IPC and 25 Arms Act registered at Police Nurmahal. The petitioner filed an application in the court of Shri T.C. Mangla, Additional Sessions Judge, Jalandhar seeking direction to the Superintendent, Central Jail, Jalandhar to escort him on 8.1.2009 to attend the meeting of the House of Municipal Corporation. The aforesaid application filed by the petitioner was allowed vide order dated 7.1.2009 passed by Shri T.C. Mangla, Additional Sessions Judge, Jalandhar and direction was given to the Superintendent Central Jail, Jalandhar to escort him to the venue on 8.1.2009 at 3.30 P.M., so that he may be able to attend the meeting of the house. The aforesaid dirction was granted by the Additional Sessions Judge, Jalandhar on certain conditions including the one that petitioner shall be taken to the house meeting at his own expense. It is the allegation of the petitioner that the aforesaid directions COCP No. 587 of 2009 2 issued by the Additional Sessions Judge, Jalandhar have been violated by the respondents, in spite of the fact that he had complied with the order of the Additional Sessions Judge, Jalandhar by depositing a Cheque No.953538 dated 8.1.2009 amounting to Rs. 47359/- drawn on State Bank of India, New Grain Market, Jalandhar. Upon notice issued by this court to show cause, reply has been filed on behalf of the respondents by way of affidavit of Shri Pawan Rai, IPS, Senior Superintendent of Police, Special Narcotic Cell, Mall Mandi, Amritsar, wherein, it has been submitted that the Superintendent Central Jail, Jalandhar vide his letter dated 7.1.2009 had requested him to make arrangements for taking the petitioner in the House Meeting as directed by the Additional Sessions Judge, Jalandhar and to provide escort guards along with Gazetted Officer in compliance with the directions issued by the Court. It has been further mentioned in this affidavit that on 8.1.2009, respondent No.2 along with the guards was taking the petitioner to the destination. On the way, he suspected that the petitioner may not be got freed by some suspected persons who were following them and finding such a situation the respondent No.2 took the petitioner back to the Central Jail, Jalandhar and as such he could not be taken to the house meeting. On return, respondent No.2 also recorded DDR No.19 dated 8.1.2009, copy of which has been attached as Annexure R-1 with this affidavit giving therein the detailed circumstances under which the petitioner could not be taken to the office of Municipal Corporation. It has been further mentioned in this affidavit that Cheque dated 8.1.2009 submitted by the petitioner being the expenses of security arrangement was also dishonoured when presented to the Bank and as such, the petitioner himself had violated the directions issued by the Additional Sessions Judge, Jalandhar. In view of the aforesaid facts mentioned in the reply of respondents, there is no wilful disobedience by the respondents to the directions issued by the Additional Sessions Judge, Jalandhar vide his order dated 7.1.2009. Thus, I am not inclined to proceed further in the present proceedings. COCP No. 587 of 2009 3 Contempt Petition is dismissed. Rule discharged. July 16, 2009 (RAKESH KUMAR GARG) nk JUDGE