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High Court of Punjab and HaryanaCOCP/1796/2023disposed of

Rishabh Kanojia v. Kuldeep Singh, Sho, Daresi, Distt. Ludhianaand Others

2023-08-28Mr. Justice Arvind Singh Sangwan10 pages

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH Date of decision: 28.08.2023 Rishabh Kanojia ....Petitioner

Versus

Kuldeep Singh and others ....Respondents CORAM: HON'BLE MR. JUSTICE ARVIND SINGH SANGWAN

Present:

Mr. G.S. Sood, Advocate for the petitioner.

Mr. Ayush Sarna, AAG, Punjab.

ARVIND SINGH SANGWAN J. (Oral) The petitioner has filed the present contempt petition alleging non-compliance of the order dated 21.04.2023 passed in CRM-M No.19665 of 2023, titled as "Rishabh Kanojia vs State of Punjab and others", which reads as under:- "This is a petition under Section 482 Cr.P.C., for issuance of directions to the officials respondents No.2 to 5 for submission of the police inquiry report of the representation dated 02.03.2023 (Annexure P-2) given by the present petitioner to the respondents No.2 to 5. Notice of motion.

On the asking of Court, Mr. Rajiv Verma, DAG, Punjab accepts notice on behalf of respondent-State. Learned counsel for the petitioner submits that he will be satisfied in case a direction be issued to respondent No.3 to look into the representation dated 02.03.2023 (Annexure P-2), within a time bound manner.

In view of the above, the petition is disposed of with a direction to respondent No.3 to look into the

representation dated 02.03.2023 (Annexure P-2) and decide the same in accordance with law within a period of four weeks from today with a copy of the order so passed supplied to the counsel for the petitioner.

In view of the above, petition stands disposed of." It is submitted that instead of taking appropriate action, the respondent No.4 - Commissioner of Police, Ludhiana, has sent a communication to respondent No.5 i.e. Director General of Police, Punjab, and it was stated that the representation was decided. Counsel for the petitioner, in this regard, has relied upon some screenshots of WhatsApp messages dated 20.04.2023. The only argument raised by counsel for the petitioner is that the respondent No.4 has neither given intimation to other respondents as well as the petitioner and therefore, he has violated the direction of this Court.

Reply by way of affidavit of Additional Deputy Commissioner of Police, Zone-4, Ludhiana, is on record, in which it is stated that initially the enquiry was marked by the Commissioner of Police, Ludhiana to Additional Deputy Commissioner of Police-1, Ludhiana, however later on, it was found that the petitioner is levelling allegation against an officer of the rank of DIG and therefore, the ADCP-1, Ludhiana, being a junior officer sent a communication dated 06.05.2023 to this Court as well as to counsel for the petitioner and in view thereof, the Commissioner of Police, Ludhiana, has sent a representation of the petitioner to the DGP, Punjab, Chandigarh for appropriate action. It is further submitted that due to the procedural

intricacies, the representation of the petitioner could not be decided within the specific time and a miscellaneous application i.e. CRM No.26390 of 2023, in the main petition was filed for extension of time, which was listed before the Bench on 14.07.2023 and on 14.07.2023, direction was issued to conclude the enquiry by 14.08.2023. The order dated 14.08.2023, reads as under:- "Affidavit dated 26.05.2023 of Tushar gupta, IPS, Additional Deputy Commissioner of Police, Zone-4 has been filed, which is taken on record.

This is an application under Section 482 of Cr.P.C., for extension of time to comply with the order dated 21.04.2023.

In para 3 of the application, it has been asserted that the representation i.e., Annexure P-2 to the main petition, which was ordered to be decided within a period of four weeks could not be decided, as the marking of representation for decision to an Officer consumes reasonable time due to procedural intricacies i.e., as respondent No.3 found that the said Officer is senior to her and, therefore, respondent No.3 vide her report No.64/745C/ADCP-1 dated 03.04.2023 sent back the said representation of the petitioner and again the matter was sent to the Commissioner of Police, Ludhiana for fresh marking of the same.

Be that as it may in the interest of justice, considering the explanation given in the application, which is duly supported by an affidavit of Officer, the time of four weeks is further extended by another four weeks, which will start from the date of passing of this order i.e., 14.07.2023. It is directed that necessary inquiry is to be completed positively by 14.08.2023 and a report qua that

be furnished to this Court at least three days prior to the next date of hearing.

Adjourned to 21.08.2023."

The Commissioner of Police, Ludhiana, has also filed the affidavit dated 02.08.2023, in which similar stand is taken and it is stated that the ADCP, Zone IV, Ludhiana, has conducted an intensive enquiry on the representation of the petitioner and it was found to be false, copy of the enquiry report was sent to the DGP, Punjab, who has approved the same for 26.07.2023.

A copy of the communication issued by the Director General of Police, Punjab, approving that the enquiry conducted by the ADCP, Zone IV, Ludhiana, is relied upon as Annexure R-2 with the reply.

Counsel for the State has submitted that the petitioner is habitual of filing various representations against the police authorities. The details of the same as provided, reads as under:- SR UID DATE NAME TYPE STATUS 1831470 19.07.2020 RISHABH KANOJIA ACTION ON COMPLAIN TS SEEN AND FILE 25.11.2021 5-D COMPLAINT 2029488 13.05.2021 RISHABH KANOJIA SAMAJ SEWAK SHIV SENA TAKSALI PB.

ACTION ON COMPLAIN TS ADCP-INV 2044456 03.06.2021 RISHABH KANOJIA LEGAL NOTICE ADCP-1 2044378 03.06.2021 RISHABH KANOJIA COMPLAIN T AGAINST POLICE REPLY SENT TO W/DGP PB 24.07.21 2044370 03.06.2021 RISHABH KANOJIA ACTION ON COMPLAIN TS REPLY SENT TO W/DGP PB WITH 3235/PC DT. 24.07.21

2059257 19.06.2021 RISHABH KANOJIA ACTION ON COMPLAIN TS ADCP-INV 2202286 30.11.2021 RISHABH KANOJIA ACTION ON COMPLAIN TS Joint CP City Ludhiana City REMARK ON 18.12.21 2366793 11.06.2022 RISHABH KANOJIA PUNJAB PARBHARI SHIV SENA TAKSALI REIKI SEEN AND FILE BUNDLE NO:54 YEAR 2022 (ZONE-1) 2381358 25.06.2022 RISHABH KANOJIA rishabhkanojia11 @gmail.com THREAT SEEN AND FILE BUNDLE NO:54 YEAR 2022 (ZONE-1) 29.07.2022 RISHABH KANOJIA S/O MAHINDER KANOJIA Crime Against Person SEEN AND FILE 68/22 ZONE-1 29334 10.09.2022 RISHABH KANOJIA S/O MAHINDER KUMAR Investigation 2562/PC, DT.

05.11.22 REPLY TO W/ADGP PGD PB. CHD.

75358 29.11.2022 RISHABH KANOJIA S/O Mohinder Kumar Economic Offence SENT TO SHO SALEM TABRI FOR FIR WITH 27/PC DT. 03.02.23 94740 02.01.2023 RISHABH KANOJIA S/O NOT KNOWN Investigation SEEN AND FILE 44/23 ZONE-3 95589 04.01.2023 RISHABH KANOJIA S/O NOT KNOWN Investigation PS DIV NO.5 LUDHIANA CITY 96383 05.01.2023 RISHABH KANOJIA S/O NOT KNOWN Investigation PS DIV NO.5 LUDHIANA CITY 103951 21.01.2023 RISHABH KANOJIA S/O MOHINDER KUMAR Complaints Against Police ADCP IV LUDHIANA CITY 106434 27.01.2023 RISHABH KANOJIA S/O NOT KNOWN Investigation PS DIV NO.5 LUDHIANA CITY 113403 09.02.2023 RISHABH KANOJIA S/O MAHINDER KANOJIA Crime Against Person SEEN AND FILE 51/23 ZONE-1 118834 21.02.2023 RISHABH Investigation SEEN AND

KANOJIA S/O MAHENDER KUMAR FILE 60/23 121025 25.02.2023 RISHABH KANOJIA S/O MAHINDER KUMAR Investigation ACP CIVIL LINE SOUTH LUDHIANA CITY 124589 03.03.2023 RISHABH KANOJIA S/O MAHENDER KUMAR Investigation PS DIV NO.5 LUDHIANA CITY 125383 04.03.2023 RISHABH KANOJIA PANJAB PARBARI SHIV SENA TAKSALI S/O NOT KNOWN Crime Against Person PS DARESI LUDHIANA CITY 125385 04.03.2023 RISHABH KANOJIA PANJAB PARBARI SHIV SENA TAKSALI S/O NOT KNOWN Crime Against Person PS DARESI LUDHIANA CITY 128053 09.03.2023 RISHABH KANOJIA S/O MAHINDER KUMAR Complaints Against Police SENT TO W/DGP PB CHD 1189/PC, DT. 25.04.23 136130 25.03.2023 RISHABH KANOJIA S/O MAHINDER KUMAR Complaints Against Police SENT TO W/DGP PB CHD 1189/PC, DT. 25.04.23 140869 05.04.2023 RISHABH KANOJIA S/O MAHENDER KANOJIA Investigation PS DIV NO.5 LUDHIANA CITY 141684 06.04.

2023 RISHABH KANOJIA S/O MAHENDER KUMAR Investigation PS DIV NO.5 LUDHIANA CITY 144708 11.04.2023 RISHABH KANOJIA S/O MAHENDER KUMAR Investigation PS DIV NO.5 LUDHIANA CITY 154931 02.05.2023 RISHABH KANOJIA S/O Mahinder Kumar Complaints Against Police SEEN AND FILE BY ADCP-3 161508 12.05.

181891 15.06.2023 RISHABH KANOJIA S/O MAHINDER KUMAR Complaints Against Police, Investigation FOR DA LEGAL 184860 20.06.2023 RISHABH KANOJIA S/O MAHINDER KUMAR COMPLAIN T AGAINST POLICE ADCP LUDHIANA CITY 192039 01.07.2023 RISHABH KANOJIA S/O MAHINDER KUMAR COMPLAIN T AGAINST POLICE ADCP LUDHIANA CITY The details of different cases filed by the petitioner is also detailed as below:- Sr No.

Writ Petition No.

Title Status 1.

CRWP 4765/2021

1. Sh. Deepak Parikh, IPS Dismissed on 07.03.2022

2. Dr. Pragya Jain, IPS

3. SI Davinder Singh, SHO, Daresi 2.

CRWP 6458/2022

1. Sh. Kaustubh Sharma, IPS Dismissed on 07.07.2022

2. Sh. Narinder Bhargav, IPS

3. Insp. Kamaljit Singh SHO Div-8, LDH 3.

CRM-M 32821/2022

1. Police Commissioner Ludhiana Dismissed on 31.08.2022

2. Sh. Narinder Bhargav, IPS

3. SHO Division No.5, LDH 4.

SLP Crl.

No.12614/2022 (In CRM-M 32821/2022)

1. Police Commissioner Ludhiana Dismissed on 16.12.2022

2. Sh. Narinder Bhargav, IPS

3. SHO Division No.5, LDH 5.

CRM-M 15123/2023

1. Sh. Narinder Bhargav, IPS Dismissed on 24.03.2022

2. Sh. Maninder Bedi,

PPS

3. SI Harjit Singh, SHO Salem Tabri, LDH

4. Sh. Satish Malhotra, SP (Retd.) 6.

CRM-M 24271/2023

1. ADGP Security, Punjab Next Dt.

15.09.2023

2. Police Commissioner, Ludhiana 7.

CRM-M 19665/2023

1. Sh. Narinder Bhargav, IPS Disposed off 21.04.2023

2. Sh. Maninder Bedi, PPS

3. SI Harjit Singh, SHO Salem Tabri.

4. Sh. Satish Malhotra, SP (Retd.) 8.

COCP 1796/2023

1. Sh. Gaurav Yadav, IPS, DGP, Punjab.

Next Dt.

03.08.2023

2. Sh. Mandeep Singh Sidhu, IPS, CP Ludhiana

3. Ms Somya Mishra, IPS JCP City, Ludhiana

4. Ms. Rupinder Kaur Sra, PPS

5. SI Kuldeep Singh, SHO Daresi 9.

CM 11809/2023 (In COCP 1796/2023)

1. Sh. Gaurav Yadav, IPS, DGP, Punjab.

Next Dt.

24.07.2023

2. Sh. Mandeep Singh Sidhu, IPS, CP Ludhiana

3. Ms Somya Mishra, IPS JCP City, Ludhiana

4. Ms. Rupinder Kaur Sra, PPS

5. SI Kuldeep Singh, SHO Daresi 10.

CM 12062/2023 (In COCP 1796/2023)

1. Sh. Gaurav Yadav, IPS, DGP, Punjab.

Next Dt.

24.07.2023

2. Sh. Mandeep Singh Sidhu, IPS, CP Ludhiana

3. Ms Somya Mishra, IPS

JCP City, Ludhiana

4. Ms. Rupinder Kaur Sra, PPS

5. SI Kuldeep Singh, SHO Daresi Counsel for the State has further submitted that the necessary compliance has been done and therefore, this contempt petition be rendered infructuous.

The counsel for the petitioner has filed an application under Section 482 Cr.P.C., for rejection of the enquiry report dated 20.07.2023, which is consisting of 1100 pages, submitted by the ADCP, Zone IV, in compliance of the aforesaid order dated 21.04.2023. Counsel submits that the ground taken in this application is that the ADCP, Zone-IV, Ludhiana is of the same rank and designation of the ADCP-1 and therefore, he was not competent to conduct the enquiry. It is also submitted that while conducting the enquiry, the CCTV footage were not taken into consideration and therefore, the detailed enquiry report consisting of 1100 pages, needs to be rejected. The counsel for the petitioner has placed on record the order dated 21.08.2023 passed in the CRM No.26390 and No.31700 of 2023, filed in CRM-M No.19665 of 2023, which reads as under:- "In compliance of the previous order dated 08.08.2023, an affidavit dated 11.08.2023 of Mr. Tushar Gupta, IPS, Additional Deputy Commissioner of Police, Zone-4, Ludhiana has been filed.

Learned State counsel prays for sometime to file a better affidavit and wishes to withdraw the instant reply to the aforesaid show cause notice dated 08.08.2023.

Prayer is accepted with aforesaid liberty.

The inquiry report dated 20.07.2023 stands furnished to the counsel for the applicant-petitioner.

Adjourned to 13.09.2023.

Presence of the above-said Officer namely Mr. Tushar Gupta shall remain exempted till further orders." After hearing the counsel for the parties, this Court finds that no willful disobedience of the order is made out as the only direction in the order dated 21.04.2023, was to decide the representation of the petitioner. It is undisputed case that the enquiry has been conducted, which has been duly approved by the DGP, Punjab, who is head of the department and the petitioner has already availed his remedy of filing the miscellaneous application in the main petition against the enquiry report on the alleged ground that it is done by a subordinate officer, therefore, finding that there is no willful disobedience, this contempt petition is dismissed.

The prayer of petitioner to reject the enquiry report dated 20.07.2023 cannot be considered in this contempt petition as it is subject matter of main CRM-M No.19665 of 2023. However, liberty is granted to the petitioner to avail the alternative remedy in accordance with law, if so advised. (ARVIND SINGH SANGWAN) 28.08.2023 JUDGE yakub Whether speaking/reasoned:

Yes/No Whether reportable:

Yes/No