Cr.O.C.P. No.28 of 1998 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Cr.O.C.P. No.28 of 1998 DATE OF DECISION: JULY 12, 2011 Amarjit Singh .....PETITIONER Versus Mohan Lal ....RESPONDENT CORAM: HON'BLE MR.JUSTICE SATISH KUMAR MITTAL HON'BLE MR.JUSTICE A. N. JINDAL --- Present: None. .. SATISH KUMAR MITTAL, J. This contempt petition was filed by Amarjit Singh, who was an accused in case FIR No.29 dated 17.4.1995 registered under Section 364/34 IPC at Police Station City, Faridkot. The petitioner and others, who were the accused in the aforesaid FIR, had filed Criminal Writ Petition No.458 of 1996 in this Court for issuing direction for transfer of the investigation in the aforesaid case to an independent investigating agency. This Court vide order dated 21.8.1996 accepted the said writ petition with a direction to the police of District Faridkot to hand over the investigation of the case to Additional Director General of Police (Crimes), Punjab, who will entrust the investigation of the case to any officer not below the rank of Superintendent of Police, of his choice. Subsequently, the petitioner and other accused were declared Proclaimed Offenders in that case by the Chief Judicial Magistrate, Faridkot. Cr.O.C.P. No.28 of 1998 -2- It is the case of the petitioner that without complying with the aforesaid directions, the respondent Mohan Lal, who was then the SHO, Police Station City, Faridkot, arrested the petitioner and filed the challan in the said case without any proper investigation. In the reply, it has been stated that the petitioner and other accused were declared Proclaimed Offenders by Chief Judicial Magistrate on 4.11.1996. The respondent was duty bound to arrest the petitioner being Proclaimed Offender. Therefore, on 28.11.1997 the petitioner and his co- accused Manjit Kaur were arrested by the answering respondent. It was further averred that the case was further investigated by Gurdarshan Singh, IPS, S.P. Crime Branch, Punjab, Chandigarh and during the course of his investigation he found that there was sufficient evidence against the petitioner and Manjit Kaur, and on his direction the respondent filed the challan under Section 173 Cr.P.C. and submitted the same before the Chief Judicial Magistrate, Faridkot. In this case, no one is appearing on behalf of the petitioner. In our opinion, by this time the aforesaid case might have been finally decided. The respondent had arrested the petitioner being Proclaimed Offender. He has not violated the order passed by this Court. Gurdarshan Singh, IPS, S.P. Crime Branch, Punjab had conducted the re-investigation of the case and directed the respondent to file the challan in the Court and accordingly he had filed the challan against the petitioner. Therefore, the respondent has not violated the order passed by this Court. The respondent has neither intentionally obstructed in the administration of justice nor committed any contempt under the Contempt of Courts Act, 1971. In these facts and Cr.O.C.P. No.28 of 1998 -3- circumstances, we do not find any ground to initiate the contempt proceedings against the respondent. Hence, the contempt petition is dismissed. Rule is discharged. (SATISH KUMAR MITTAL) JUDGE July 12, 2011 ( A. N. JINDAL ) vkg JUDGE