MANOJ PANDEY Vs. MANOJ DHRUW

JUDGEMENT

(1.) Invoking jurisdiction of this Court under Article 215 of the Constitution of India read with Sec. 12 of the Contempt of Courts Act, 1971 (hereinafter for brevity 'the Act of 1971') and also read with para 11.7 of the judgment rendered by the Hon'ble Supreme Court in the matter of Arnesh Kumar v. State of Bihar and another,(2014) 8 SCC 273. this contempt petition has been filed by the petitioner herein for punishing the contemnors herein herein for wilfully disobeying the direction issued in the matter of Arnesh Kumar (supra) and arresting the petitioner in violation of direction so issued therein.

(2.) The instant contempt petition has been filed on following factual backdrop:-

(3.) Joint return has been filed on behalf of the respondents herein stating inter-alia that on the complaint made by Mr. Amit Jaiswal, an offence bearing Crime No. 172/2023 for commission of offence under Sec. 384 of the IPC was registered by the Police of Police Station Pandri against the petitioner herein on 2/6/2023. Having found that petitioner has extorted money illegally, then under the authority of CSP Civil Line, Raipur, a team was constituted to conduct raid into the office of the petitioner and the Police has made the raid at the office of the petitioner where the petitioner was caught red handed while taking money from complainant Amit Jaiswal. Since the petitioner has been caught red handed while taking money from the complainant, the police has rightly arrested the petitioner for the said commission of offence.