Chattisgarh High Court
Vijay Prakash Gupta (Petitioner In ... vs Shri Manoj Kumar Pingua on 15 January, 2024
Author: Parth Prateem Sahu
Bench: Parth Prateem Sahu
Neutral Citation
2024:CGHC:1696
1
NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
CONT No. 332 of 2023
1- Vijay Prakash Gupta S/o Late Indra Kumar Gupta Aged About 44
Years R/o Village And Post Pendri, Infront Of Hanuman Mandir, Ward
No. 20, Thana Lalbag, Tahsil And District Rajnandgaon Chhattisgarh
---- Petitioner
Versus
1- Shri Manoj Kumar Pingua Principal Secretary, Office Grih,
Mahanadi Bhawan Mantralaya Atal Nagar, District Raipur Chhattisgarh
2- Shri Ashok Juneja Director General Of Police, Office Of Chief
Police Atal Nagar, District Raipur Chhattisgarh
3- Shri D. Shrawan Previous Superintendent Of Police,
Rajnandgaon District Rajnandgaon Chhattisgarh
4- Shriman Prafull Thakur Superintendent Of Police Rajnandgaon
Chhattisgarh
5- Shriman Doman Singh, Collector Mahoday, Rajnandgaon District
Rajnandgaon Chhattisgarh
---- Respondents
For Petitioner : None present. For Respondents. No.1, 2 & 5 : Mr. Jitendra Pali, Advocate
Hon'ble Shri Justice Parth Prateem Sahu Order On Board 15/01/2024
1. In this case, petitioner appeared in person on 10.08.2023, on the said date notice was issued fixing the date for further hearing on Neutral Citation 2024:CGHC:1696 2 19.09.2023. When the case was taken up for hearing on 19.09.2023, there was no representation on behalf of petitioner.
2. Mr. Jitendra Pali, counsel for respondents would submit that petitioner was provided security as per order passed by this Court in writ petition. He further submits that petitioner was arrested on 18.06.2022 in Crime No.332 of 2022 for alleged commission of offence under Section 306 of I.P.C. and Section 3 (1) (s) and Section 3 (2) (V) of S.C. & S.T. (Prevention of Atrocities) Act, 1989. After his release, he had not submitted any fresh application for providing security and after release on bail has filed this contempt petition. He also submits that petitioner was again arrested on 29.09.2023 in Crime No.84 of 2023 registered at Police Station Korchi, District -Gadhchirouli (Maharashtra) and at present he is not aware as to whether petitioner has been released on bail in in the aforementioned crime. Prayer made in the contempt petition is also with respect to providing him license of 12 bore gun and 9mm pistol for security of his family along with prayer for providing Z+ security, this prayer cannot be considered as there is no such direction in the order passed in the WP(C) No. 21 of 2016.
3. The order passed in the Writ Petition (C) No. 21 of 2016 is dated 19.02.2016. Perusal of document enclosed along with reply would show that the petitioner was provided security. As submitted by counsel for respondents he was arrested on 08.06.2022 and thereafter, he was again arrested on 29.09.2023.
Neutral Citation 2024:CGHC:1696 3 Petitioner in person who used to appear is not present before this Court.
4. In the present facts and facts and circumstances of the case, whether petitioner has been enlarged on bail is not clear. In the aforementioned facts of the case submission of learned counsel for respondents and the documents placed before this Court, I do not find any good ground to continue with the contempt petition. Accordingly, the contempt proceeding initiated against respondents is dropped. Notice issued to respondents stands discharged. Contempt petition is closed.
5. However, when any application is filed by petitioner for providing security, the respondents shall consider the same in accordance with law keeping in mind the order dated 19.02.2016 passed in WPC N.21 of 2016.
1. Sd/-
2. (Parth Prateem Sahu)
1. Judge Balram