KRISHNABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This contempt proceeding has been initiated against the respondents alleging that they are guilty of willful disobedience of the directions issued by the Hon'ble Apex Court in the matter of D.K.Basu vs. State of Bengal , reported in AIR 1997 SC 610 as well as Arnesh Kumar vs. State of Bihar , reported in AIR 2014 SC 2756 and have sought for punishing them in accordance with law.

(2.) On 26/12/2021, the first applicant and her son Gaurav were travelling on their moped and while returning from Lal Darwaja at around 20.00 hours near Gurudwara, S.G.Road, Ahmedabad, the first applicant and her son were stopped by the 4th respondent on the ground that they are plying their vehicle on a one way (wrong side) and were called upon to pay a fine of Rs.1,500.00. It is stated that first applicant and her son pleaded with the Police Officer that they were not carrying the said amount and pleaded for returning home and to pay the fine was not accepted while her son waits at the place. It is alleged that respondent No.4 had used unparliamentary language and the first applicant was not permitted to leave the scene. It is further alleged that respondent No.4 started assaulting and abusing the first applicant and when her son sought to intervene and stop the same, he was also assaulted. At that point of time, the second applicant and her husband are said to have arrived at the scene and tried to reason out with the 4th respondent. They are also said to have been assaulted. The son of the first applicant is said to have been taken to Vastrapur Police Station and despite his effort to lodge the complaint against the 4 th respondent, on account of the pressure exerted by the superiors of respondent No.4, the complaint which was sought to be lodged by the first applicant's son was not received and registered. It is further stated that applicants and accused Nos.1 to 3 were taken to Sarkhej Police Station having common building premises as that of S.G.Highway 2 Traffic Police Station and were illegally detained till the records reflected as having been arrested were written. It is further stated that the applicants were brutally assaulted and despite begging for medical treatment, same was not extended nor they were referred to any hospital.

(3.) Applicants further allege that respondent No.4 in order to circumvent and dodge his own wrong had registered an FIR being C.R.No.11191069210344 of 2021 with S.G.Highway 2 Division Traffic Police Station against the applicants and others for the offences punishable under Ss. 332 , 186 , 323 and 294(b) , 114 of IPC and Sec. 184 of the Motor Vehicles Act, 1988.