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SURESH KUMAR KAIT, SAURABH BANERJEE
S. I. Kuldeep – Appellant
Versus
Rakesh Kumar – Respondent
JUDGMENT (Oral)
1. The appellant has preferred the present appeal against the impugned orders dated 28.10.2021 and 07.12.2021 passed in Cont. Cas.(C) No.480/2020 (hereinafter referred to as the "contempt petition") whereby the appellant has been held guilty of contempt. The appellant has also assailed the order dated 31.01.2022 passed in the Review Petition No.16/2022 which was preferred in the said contempt petition.
2. As per facts, a group of senior citizens called the "Varisht Nagrik Manch" (hereinafter referred to as "the group") booked a tour to Bhutan for the period from 17.03.2020 to 22.03.2020 and in lieu thereof, paid an amount of Rs.22 Lakhs to one travel agency called the "Luxury Vacation and Holidays Pvt. Ltd.", of which the respondent herein is a Director. Though, the said tour got cancelled in the first week of March 2020, the group did not get any refund of their money. This prompted the group to file a complaint bearing number LC-864 at PS.: Maurya Enclave, New Delhi and the appellant herein, serving in the Delhi Police as a Sub-Inspector since 20.11.2014, was appointed as the Investigating Officer therein. Thereafter, the appellant, vide one of the notices date
The court considered the appellant's apology, joint settlement between the parties, and the appellant's service record in taking a lenient view and quashing the orders holding the appellant guilty of....
The main legal point established in the judgment is the necessity for police officers to have a reason to believe and be satisfied about the necessity of arrest, as well as the requirement to record ....
Failure to comply with procedural requirements under Section 41-A of Cr.P.C. during arrest was ruled as a violation of personal liberty and contempt of court.
Procedural lapses by law enforcement do not constitute contempt of court unless they result in significant prejudice, and appropriate remedies should be sought through other legal avenues rather than....
Contempt proceedings are not appropriate for every procedural lapse by police officers; such issues should be resolved through proper legal channels rather than contempt of court.
Willful and deliberate bypassing of a Supreme Court mandate, coupled with insincere apology, may lead to the imposition of punishment for contempt of court.
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