Neutral Citation No:=2025:PHHC:073222
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
(107) COCP No.2613 of 2025
Date of Decision: 23.05.2025
Surya Partap Singh
…Petitioner
Versus
Ganga Ram Punia and others
…Respondents
CORAM : HON’BLE MR. JUSTICE VIKRAM AGGARWAL
Present: Mr. Parveen Chauhan, Advocate
for the petitioner.
****
VIKRAM AGGARWAL, J (ORAL)
The present contempt petition has been preferred under
Sections 12 and 14 of the Contempt of Courts Act, 1971 for initiating
contempt proceedings against the respondents for intentionally and
deliberately violating order dated 04.02.2025 (Annexure P-3) passed by the
Court of Additional District Judge, Karnal.
2. The facts, as emanating from the contempt petition, are that a
civil suit was filed by the uncles of the present petitioner namely Mahesh Pal
Singh and Jatinder Pal Singh for declaration and permanent injunction. The
said suit was decreed by the Court of Civil Judge (Jr. Division), Karnal, vide
judgment and decree dated 03.10.2024 (Annexure P-2). The petitioner
preferred an appeal against the said judgment and decree, in which vide
order dated 04.02.2025, the operation of the judgment and decree dated
03.10.2024 was stayed. It is the case of the petitioner that despite the said
relief having been granted, FIR No. 236 dated 23.04.2025 was registered at
Police Station Gharounda, District Karnal, under Section 25 of the Arms Act
1 of 4
::: Downloaded on - 29-05-2025 09:45:17 :::
Neutral Citation No:=2025:PHHC:073222
COCP-2613 of 2025 -2-
and Sections 115, 126, 190, 191(3) and 351(3) of BNS. The case of the
petitioner, therefore is that the registration of FIR amounts to contempt of
Court.
3. Learned counsel for the petitioner submits that by registering an
FIR respondents have committed willful disobedience of order dated
04.02.2025 passed by the Court of Additional District Judge, Karnal.
4. I have considered the submissions made by learned counsel for
the petitioner but find the same to be devoid of merit.
5. It is not in dispute that operation of the judgment and decree
dated 03.10.2024, passed by the Court of Civil Judge (Jr. Division), Karnal,
was stayed by the Court of Additional District Judge, Karnal vide order
dated 04.02.2025. In the judgment and decree dated 03.10.2024, passed by
the Court of Civil Jduge (Jr. Division), Karnal, the following relief was
granted:-
“The relief of declaration is granted in favour of the
plaintiffs to the effect that the said Fard Badar no.6 (Ex. P8)
and subsequent revenue record regarding the suit property,
the said Transfer Deed bearing No.2000/1 dated 26.09.2019
(Ex.PI) executed by the defendant no.2 in favour of the
defendant no.1 and the mutation no.2556 (Ex.P2) are
absolutely wrong, illegal, null and void as well as not binding
upon the rights of the plaintiffs; and
The relief of permanent injunction is granted in favour
of the plaintiffs to the effect that defendant no. 1 and 2 are
hereby restrained from alienating the suit property by way of
transfer, gift deed, lease deed, mortgage deed, disposing of etc.
in any manner as well as from dispossessing the plaintiffs
from the suit property illegally and forcibly in any manner.”
In the FIR, the following allegations were leveled:-
2 of 4
::: Downloaded on - 29-05-2025 09:45:17 :::
Neutral Citation No:=2025:PHHC:073222
COCP-2613 of 2025 -3-
“Copy of complaint is attached. To the SHO police
station Gharounda Subject: for stopping from cutting the crop
and for open life-threatening attack and regarding man
handling. Sir it is submitted that I Jatinderpal and my brother
Maheshpal on 17.04.2025 at about 8:00 p.m. in order to
remove the standing crop of wheat through combine went
from Village Arainpura to our fields situated at village
Gianpura. All of sudden two cars stop nearby us one was Tata
Altroz and another was a black colour car. Satpal Singh son
of Jaipal Singh, Jaipal Singh son of Sunehra Singh were
alighted from Altroz car whereas from black colour car Shakti
son of Kuldeep and Surya Partap son of Satpal resident of
Arainpura and 5/6 other persons were alighted and Shakti
and Surya Partap were armed with the Kattas. Satpal and
Jaipal were having sticks. All of them inconnivance with each
other stop the cutting of crop through combine and also
wrongful restraint our path and also manhandled with us and
threatened us for dire consequences and also threatened that
in case we again enter into the field then we will be
eliminated. You are therefore prayed that kindly take
appropriate strict legal action against the accused persons and
justice be done to me. Applicant SD Jitender Singh son of
Jaipal Singh resident of village Arainpura 9050666577.
Police Proceedings.”
6. It is a settled position of law that Civil and Criminal
proceedings can go on side by side and merely on account of a stay order
having been passed, initiation of criminal proceedings can never be said to
be a bar. Even otherwise, the relief granted and the allegations in the FIR do
not connect.
3 of 4
::: Downloaded on - 29-05-2025 09:45:17 :::
Neutral Citation No:=2025:PHHC:073222
COCP-2613 of 2025 -4-
That being so, I do not find it to be a case of commission of
contempt of the orders passed by the Court. Accordingly, finding no merit,
the present contempt petition is dismissed.
(VIKRAM AGGARWAL)
JUDGE
May 23, 2025
Rekha
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
4 of 4
::: Downloaded on - 29-05-2025 09:45:17 :::
