C.O.C.P. No. 1046 of 2009 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH C.O.C.P. No. 1046 of 2009 Date of Order: 8th March, 2010 Balram ....Petitioner Versus M.S.Shoran IPS and others ..Respondents CORAM: HON'BLE MR. JUSTICE RAJIVE BHALLA Present: Mr. Varinder Soni,Advocate for the petitioner. Mr. Rameshwar Malik, Addl. A.G.,Haryana for respondents no.1 to 3. Mr. Akshay Bhan, Advocate for respondent no.4. RAJIVE BHALLA, J (Oral). Prayer in this petition is to punish the respondents for failure to comply with the order dated 02.04.2009, passed in Criminal Misc. No.M-9614 of 2009 (O&M). Counsel for the petitioner submits that though an order was passed in Criminal Misc. No.M-9614 of 2009 (O&M), titled as Suman and another V. State of Haryana and others, directing the Superintendent of Police to look into the matter and take appropriate action, he is satisfied that Suman died before the order dated 02.04.2009 could be communicated to the official respondents, and, therefore does not wish to proceed in the matter any further. It is further submitted that as an FIR has been registered against the private respondent for the murder of Suman and investigation is in progress, the petitioner does not press this petition. C.O.C.P. No. 1046 of 2009 -2- Counsel for the official respondents submits that the order dated 02.04.2009 was never communicated to them. The order dated 02.04.2009 was received in the office of Superintendent of Police, Panipat on 15.04.2009 and entered at Sr.No.2780 in the register. In compliance with the direction, the Station House Officer, Police Station Sadar, Panipat, was directed to take necessary action. However, prior to the receipt of this order, an FIR had already been registered against the petitioner. On 10.04.2009, a telephone message was received at Police Station Sadar, Panipat from Inspector Dinesh Singh Bodial, Station House Officer, Police Station, Dehradun Cantt, Uttrakhand that Balram (the petitioner) is present in the premises of the Police Station at Dehradun Cantt. In this regard, Zimni No.16 dated 10.04.2009 was entered. The police party reached Dehradun on 11.04.2009 where the petitioner was arrested and brought to Panipat. Before they could reach Dehradun, the police officials at Dehradun Cantt. had released Suman to her parents and relatives. Suman passed away in mysterious circumstances for which FIR No.77 dated 11.04.2009, under Sections 302/201/176 of the Indian Penal Code was registered. The accused have been arrested and investigation is in progress. It is prayed that as the official respondents were not aware of the order dated 02.04.2009, the present petition should be dismissed. I have heard counsel for the parties, perused the paper book and find no reason to hold that the official respondents have violated the order dated 02.04.2009. The order dated 02.04.2009 was received in the office of Superintendent of Police on 15.04.2009 by which date, Suman had already expired. As the order dated C.O.C.P. No. 1046 of 2009 -3- 02.04.2009 was received after the death of Suman, there was no occasion for the official respondents to comply with the order. The petitioner, after examining the facts, has made a statement that he does not wish to proceed with the matter any further. In this view of the matter the respondents cannot be held guilty of contempt of Court. During the pendency of this petition, the police was directed to conduct an investigation and submit a status report. The status report discloses that the investigation in in progress and the accused have been arrested. It is, however, made clear that the investigation should be conducted fairly, uninfluenced by any other consideration whatsoever so that the perpetuators this ghastly crime can be brought to book. In view of what has been stated hereinabove, rule is discharged and the present petition is disposed of accordingly. March 8th, 2010 (RAJIVE BHALLA) nt JUDGE