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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
VIKRAM AGGARWAL
Joginder – Appellant
Versus
Ravinder Singh – Respondent
JUDGMENT :
VIKRAM AGGARWAL, J.
The instant contempt petition, preferred under Section 12 of the Contempt of Courts Act, 1971 (hereinafter referred to as the “1971 Act”) seeks initiation of contempt proceedings against the respondents for willful disobedience of the directions issued by the Apex Court in Arnesh Kumar V/s State of Bihar and another, (2014) 8 SCC 273.
2. The case set up is that an FIR No.172, dated 15.04.2025 was registered at Police Station Zirakpur, District SAS Nagar, (Annexure P-12) under Sections 316(2), 318(4) of the Bharatiya Nayaya Sanhita, 2023 (for short “the BNS”) against the petitioner, on the statement of one Gurwinder Singh.
3. The allegations in the FIR were that the petitioner, on the pretext of securing Govt. jobs for the sons of the complainant (Gurwinder Singh), illegally demanded Rs.5 lakhs each. The complainant through his brother Gurpreet Singh paid Rs.4,30,000/- and Rs.3,74,000/- respectively to the petitioner through G-pay. It was alleged that Rs.5,46,000/- was paid in cash to the petitioner. It was alleged that neither the amount was returned nor was any job secured.
4. The case of the petitioner was that he had repaid Rs.3,95,000 to Gurpreet Singh
The timely and genuine apology can mitigate the consequences of contempt, and the High Court's jurisdiction is limited to punishing contempt of itself and subordinate courts.
The court must be satisfied beyond reasonable doubt that the contemnor has willfully, deliberately and intentionally violated the court's order. If the disobedience is the result of some compelling c....
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