Court No. - 36
Case :- CONTEMPT APPLICATION (CIVIL) No. - 530 of 2019 Applicant :- Sablu Opposite Party :- Shri Kartar Singh And Another Counsel for Applicant :- Mohammad Arshad Khan
Hon'ble Mrs. Sunita Agarwal,J.
The applicant has filed the present contempt petition pleading violation of the order of writ Court dated 15.11.2018 with the assertion that the police authorities namely the opposite parties are visiting the house of the applicant with an intention to arrest him.
A perusal of the record indicates that on an application moved by the Investigating Officer, the Judicial Magistrate-III, Meerut had accepted the request for judicial remand and an arrest warrant under Section 161 Cr.PC. has been issued for remand of the co- accused namely Kaloo son of Naushad. The investigation in Case Crime No. 307 of 2018 is going on from 4.1.2018 to 15.1.2018, after taking note of the order of writ Court.
The applicant is apprehending his arrest on account of the order passed by the Chief Judicial Magistrate dated 4.1.2019. The CCTV footage filed as Annexure '11' pleading that the police authorities had visited the house of the applicant on 12.1.2019 is not sufficient to issue contempt notice.
It appears that the present contempt petition has been filed on mere apprehension. Moreover, the writ Court has refused to quash the First Information Report and has granted protection to the applicant against arrest, till credible evidence is not collected by the Investigating Officer during the pendency of the investigation. The investigation is still going on.
No case for contempt is made out.
The present contempt petition is misconceived and hence dismissed.
Order Date :- 29.1.2019 Brijesh