Sanjeev Kumar v. State Of NCT Of Delhi
$~7 & 9 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1213/2024 SANJEEV KUMAR .....Petitioner Through:
Mr. Sanjeev Kumar, Petitioner in person.
versus STATE OF NCT OF DELHI .....Respondent Through:
Mr. Varun Goswami, Amicus Curiae Mr.
Hritik Chaudhary, Mr.
Sahil Agarwal and Mr. Rajesh Singh, Advs.
Mr. Aman Usman, APP.
Inspector Surender, SI Dharm Singh.
PS Hauz Khas.
AND + W.P.(CRL) 1894/2024, CRL.M.A. 21326/2024, 21327/2024 & 33223/2024 SANJEEV KUMAR .....Petitioner Through:
Mr. Sanjeev Kumar, Petitioner in person.
versus STATE OF NCT OF DELHI AND ANR .....Respondents Through:
Mr. Varun Goswami, Amicus Curiae Mr.
Hritik Chaudhary, Mr.
Sahil Agarwal and Mr. Rajesh Singh, Advs.
Mr. Aman Usman, APP.
Inspector Surender, SI Dharm Singh.
PS Hauz Khas.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
CORAM:
JUSTICE PRATHIBA M. SINGH JUSTICE AMIT SHARMA
O R D E R
% 06.11.2024 1.
This hearing has been done through hybrid mode. 2.
These two writ petitions were transferred to this Court, vide order dated 6th August, 2024, in Crl.A. 171/2022, as this Court was already hearing the CONT. CAS. (CRL) 5/2024 against the Petitioner herein. The said order dated 6th August, 2024, reads as under:
" 4.
Considering the nature of allegations being made by the Contemnor against different Hon'ble Judges of this Court, it is deemed appropriate to transfer all the matters to this Court, involving the Appellant, which are listed in paragraph 8 of the above stated order. The same are set out below:
i) CRL.A.No.160/2023;
ii) CRL.M.C.No.4315/2023;
iii) W.P.(CRL)No.1894/2024;
iv) W.P.(CRL) No.1213/2024;
v) W.P.(CRL) No.1241/2024;
5.
Accordingly, list the aforesaid five matters with the main contempt matter being CONT.CAS.(Crl.) No. 05/2024, which is listed on 26th September, 2024, before this Bench, subject to orders of Hon'ble the Acting Chief Justice."
W.P.(CRL) 1213/2024 3.
This is a petition under Article 226 and 227 of the Constitution of India read with Section 482 of CrPC seeking a direction for expeditious hearing of CT Case No. 1248/2023 before the ld. Metropolitan Magistrate, South-East, The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
Saket Courts.
4.
The said complaint has been finally disposed of vide order dated 25th September, 2024 by the ld. JMFC, South-East, Saket Courts. 5.
In view of the above, the present writ petition has now become infructuous and is accordingly disposed of.
6.
Pending applications, if any, are also disposed of. W.P.(CRL) 1894/2024, CRL.M.A. 21326/2024, 21327/2024 & 33223/2024 7.
This is a petition under Article 226 of the Constitution of India read with section 482 of CrPC challenging the impugned order dated 23rd January, 2024, passed in CRL. M.C. 545/2024 by the ld. Single Judge of this Court. 8.
Vide the impugned order the said criminal miscellaneous petition has been dismissed by the ld. Single Judge with costs of Rs. 25,000/- to be paid to Delhi High Court Legal Services Committee. 9.
It is noted that the Petitioner had also preferred a review being Review Petition 120/2024 against the said order dated 23rd January, 2024. Vide order dated 15th May, 2024 the ld. Single Judge, while considering the actions and statements of Petitioner during the course of the hearings, directed proceedings for criminal contempt against the Petitioner. Accordingly, the criminal contempt proceedings in CONT. CAS. (CRL) 5/2024 have been initiated. In the said petition, the Petitioner has been convicted for criminal contempt and has been sentenced to four months imprisonment. The operative portion of the said order reads as under:
"27. Under such circumstances, this Court is of the opinion that the Contemnor is guilty of criminal contempt and would be liable to be punished in accordance with law.
28. During the course of the pronouncement of the order The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
in open Court, the Court gave the contemnor an opportunity to make his submissions on sentence. The Contemnor has simply made a submission that it is up to the Court to pass whatever sentence the Court deems appropriate. Under such circumstances, in view of the contemptuous conduct of the Contemnor, the Court sentences him to simple imprisonment for a period of 4 months with fine of Rs. 2,000/- and in default of payment of fine, further simple imprisonment for 15 days.
29. It is directed that the police authorities shall take Contemnor into custody from the Court itself and the Contemnor be sent to Jail."
10.
In the present writ the prayer is for setting aside the order dated 23rd January 2024, which has been upheld by this Court in CONT. CAS. (CRL) 5/2024. The reasoning given in the said judgement would also apply to the present order. This Court does not find any infirmity in the order dated 23rd January 2024. Moreover, a writ petition challenging an order of the ld. Single Judge is itself not maintainable. Accordingly, no further orders are called for in the present petition.
11.
Accordingly, W.P.(CRL) 1894/2024 is disposed of. 12.
Pending applications, if any, are also disposed of. PRATHIBA M. SINGH, J.
AMIT SHARMA, J.
NOVEMBER 06, 2024 dj/ms The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.