Ghansham Mani v. Darshan Singh Asi

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH COCP No. 1354 of 2017 Date of decision : 31.05.2017 Ghansham Mani .

....Petitioner V/s Darshan Singh ....Respondent BEFORE : HON'BLE MR. JUSTICE RAJAN GUPTA

Present:

Mr. Gurvinder Sandhu, Advocate for the petitioners. Mr. V. Ramswaroop, Addl. A.G. Punjab.

RAJAN GUPTA J.

Petitioner alleges violation of judgment delivered by Hon'ble Supreme court in Arnesh Kumar vs. State of Bihar (2014) 8 SCC 273. Admittedly, petitioner never preferred an independent petition before this court seeking appropriate relief. He seek to place reliance on the law laid down in Arnesh Kumar's case (supra). Learned State counsel, who is appearing in the connected case, on the other hand relies upon recent judgment of the Hon'ble Supreme Court in Vituasah Oberoi & ors. vs. Court on its own motion (Criminal Appeal No. 1234 of 2007) decided on 2.1.2017 to contend that this court would not entertain contempt petition in view of law laid down therein. I find substance in the plea of the State counsel.

At this stage, learned counsel for the petitioner submits that he may be allowed to withdraw this petition with liberty to avail alternate remedy.

Dismissed as withdrawn with aforesaid liberty. May 31, 2017 (RAJAN GUPTA) Ajay JUDGE Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No Ajay Kumar 2017.06.01 10:32 I attest to the accuracy and authenticity of this document