LAWS(P&H)-1992-8-114

MAJOR SINGH Vs. PURAN CHAND

Decided On August 25, 1992
MAJOR SINGH Appellant
V/S
PURAN CHAND Respondents

JUDGEMENT

(1.) THIS appeal under section 19 of the Contempt of Courts Act is directed against the judgment, dated 27.7.1983, passed by the learned Single Judge, by which the appellant was held guilty of contempt under the said Act and was sentenced to pay a fine of Rs. 1000/- or, in default of payment of fine, to undergo three months' simple imprisonment.

(2.) PURAN Chand- respondent, father of Ashwani Kumar alias Pinki filed a petition against Inspector Major Singh-appellant, Station House Officer of Police Station, Division No. 1, Jullundur City, for punishing him under the Contempt of Courts Act. It is alleged in the petition that his son Ashwani Kumar alias Pink was working in Ahuja Labour industries, Industrial Area, Jullundur City which is owned by Shri K.S. Ahuja, that his son suffered an injury on his hand, which rendered him incapable of doing any service and, for that purpose, he was thrown out of his employment by Shri K.S. Ahuja; that he claimed compensation from the owner of the factory; that Shri K.S. Ahuja threatened him that a false case would be registered against him for stealing of rubber straps which were being manufactured in his factory; that, apprehending his arrest, Ashwani Kumar alias Pinki moved the Sessions Judge, Jullundur, on 13-2-1982, for grant of anticipatory bail and he was allowed ad-interim anticipatory bail by Shri M.S. Luna, Additional Sessions Judge, Jullundur, on 15.2.1982; that a notice was issued to Inspector Major Singh appellant for 20.2.1982, on which date the appellant did not appear in the Court, and that on the request of the State Counsel, the case was adjourned to 24-2-1982 and the interim bail continued up to that date. It is further alleged in the petition that on 22.2.1982, Ashwani Kumar alias Pinki was arrested by the appellant despite the knowledge of the order of the anticipatory bail and despite the fact that he was informed by the respondent as well as by Ashwani Kumar that anticipatory bail had been granted. Ashwani Kumar, it is alleged, was-kept in illegal custody and was mercilessly beaten by the appellant. It is further alleged in the petition that the respondent sent telegrams on the same day to Hon'ble the Chief Justice of Punjab and Haryana High Court as well as the Chief Minister of Punjab and the Inspector General of Police, regarding the illegal detention; that the respondent also moved the Additional Sessions Judge, Jullundur, on 23.2.1982 for contempt of the order of the Court, on which notice of contempt was issued to the appellant for 24.2.1982; that, on that date, the appellant never appeared in the Court; that, on 25.2.1982, the appellant released Ashwani Kumar and, immediately on his release, the respondent got his son examined from the Civil Hospital, Jullundur City and, according to the doctor, five injuries were found on the person of Ashwani Kumar. It was further stated in the (sic) Jullundur, dismissed the anticipatory bail application of Ashwani Kumar on 27.2.1982 and also dismissed the application, for contempt, on 1-3-1982 and that Ashwani Kumar moved an application (Criminal Misc. No. 1004-M of 1982) for grant of anticipatory ball in the High Court, which was allowed on 18-3-1982.

(3.) THE appellant has submitted in paragraph 6 of the written statement that Ashwani Kumar alias Pinki was called on 25-2-1982 by S.I. Om Parkash and he made a disclosure statement on 25-2-1982 before S.I. Om Parkash and thereafter he was allowed to go from the police station. Puran Chand-respondent filed a replication by way of affidavit and denied the averment of the appellant made in paragraph 3 of the written statement. The respondent submitted in paragraph 3 of the replication that the appellant had full knowledge of the order of interim bail as the same was sent by the learned Additional Sessions Judge. The order passed by the Additional Sessions on 15-2-1982, reads as under :