Punjab-Haryana High Court
Hari Chand And Another vs Ram Kumar on 22 July, 2011
Author: Alok Singh
Bench: Alok Singh
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.O.C.P. No. 1423 of 1999
Date of Decision: July 22, 2011
Hari Chand and another
....Petitioners
Versus
Ram Kumar
... Respondent
CORAM: HON'BLE MR. JUSTICE ALOK SINGH
1. Whether reporters of local news papers may be
allowed to see judgment?
2. To be referred to reporters or not?
3. Whether the judgment should be reported in the Digest?
Present: None.
Alok Singh, J.
I have gone through the record.
The brief facts of the present case are that respondent had filed a civil writ petition No. 4632 of 1996 in this Court.
The allegation of the petitioners is that the respondent had made false statements while filing the writ petition and has misled this Court in obtaining an interim order which amounts to misuse and abuse of the process of Court.
COCP No. 1423 of 1999 2
In reply, respondent, has submitted that the present contempt petition is hopelessly time barred as interim order is dated 09.10.1997 whereas the present petition was filed on 06.01.1999 more than after two years and therefore, the same is barred under Section 20 of the Contempt of Court Act which reads as under:-
"No court shall initiate any proceeding for contempt, either on it own motion or otherwise, after the expiry of a period of one year from the date on which the contempt is alleged to have been committed."
There is no material on record to show that the respondent had misled this Court by making false, incorrect and misleading statements in getting interim order dated 09.10.1997. Moreover, this Court while deciding the writ petition can decide the question as to whether respondent has mislead the Court by placing wrong, incorrect and misleading facts and this Court, consequently, can pass appropriate order in the writ petition. In the contempt proceedings neither interim order granted in favour of respondent herein can be vacated nor any finding should be recorded that interim order was obtained by placing wrong, incorrect and misleading facts. Therefore, I am not inclined to invoke contempt jurisdiction at this stage.
Present petition stands dismissed and notice served on the respondents stands discharged. COCP No. 1423 of 1999 3
July 22, 2011 ( Alok Singh ) vkd Judge