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High Court of DelhiCONT.CAS(C)/1052/2024

Sanjeev Kumar v. State (NCT Of Delhi) And ORS.

2024-07-11Hon'Ble Mr. Justice Dharmesh Sharma2 pages

$~136 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CONT.CAS(C) 1052/2024 SANJEEV KUMAR .....Petitioner Through:

Mr.Neeraj Gaur Dev, Advocate.

versus STATE (NCT OF DELHI) AND ORS.

.....Respondents Through:

Mohd.Irshad, ASC with Ms.Nasreen, Mr.Kunal Raj and Mr.Shailesh Chauhan, Advocates for R 1 to 6.

CORAM:

HON'BLE MR. JUSTICE DHARMESH SHARMA

O R D E R

% 11.07.2024 CM APPL. 38400/2024 - EXMP.

1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CONT.CAS(C) 1052/2024 3.

The petitioner is seeking initiations of contempt proceedings against respondents No. 2 to 6 who are the SHO1 and other police officials of Police Station Malviya Nagar, New Delhi alleging that they have violated the guidelines given by the Supreme Court in the case of Arnesh Kumar v. State of Bihar2.

4.

None appeared for the respondents. No advance notice has been sent to the respondents.

5.

If the plea of the petitioner is believed, it is alleged that on 1 Station House Officer 2 2014 (8) SCC 273 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 04:38:47

07.05.2024 after the summons in a suit filed by his father bearing SCJ 341/2024 were served upon the SHO, PS Malivya Nagar, he was illegally abducted and detained by the respondents sometimes in the evening after 6.47 p.m. on 07.05.2024 in the police station. It is alleged that no notice was given to his family members and he was detained and arrested without there being any FIR or complaint pending against him.

6.

I am afraid remedy of the petitioner lies elsewhere and cannot be brought within the scope and ambit of Section 11 and 12 of the Contempt of Courts Act, 1971.

7.

The present petition is accordingly dismissed. DHARMESH SHARMA, J.

JULY 11, 2024/sm The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 04:38:47