JUDGEMENT
ASHUTOSH J.SHASTRI, J. -
(1.)By way of this Misc. Civil Application under Sec. 10 of the Contempt of Courts Act, applicant -Nathiben Lalitbhai Vegada through her sister has approached this Court for initiating contempt proceedings against respondent Nos.2 to 4 for their willful and deliberate disobedience of the directions issued by Hon'ble the Supreme Court of India in the case of D.K. Basu Vs. State of West Bengal reported in AIR 1997 SC 610 and in the case of Arnesh Kumar Vs. State of Bihar reported in AIR 2014 SC 2756 respectively and consequently requested the Court to hold them guilty and punish accordingly.
(2.)The case of the petitioner is that one Activa vehicle of employee of sister of the applicant was detained by the concerned Traffic police and as such on 27/1/2022, sister of the applicant, named as Ms. Rekhaben, went to RTO office, Rajkot and paid fine of Rs.2000.00 and after securing challan from the said office, sister of the applicant had submitted said receipt before Jetpur City Police station and thereby got keys of Activa vehicle bearing registration No.GJ-03 MC-1825 from Mr. Mahipatsinh who is a police officer and later on, sister of the applicant went to police ground with Mr. Saijadbhai and Mr. Faizalbhai by a Verna car at around 8.45 pm. and thereafter, applicant supplied all documents and keys to one Mr. Rajubhai Shamla who is managing the affairs and he informed the sister of the applicant to wait for some time by indicating that 'Sir is coming'. It is the case of the applicant that thereafter, sister of the applicant, i.e. Ms. Rekhaben called present applicant and informed her that, 'you come to police ground and then, we will go to home together' and as such, present applicant is said to have reached the said spot at around 9.15 p.m., where at 9.30 p.m., respondent No.2 namely J.B. Karmur came and without any complaint or any FIR and without any lady officer, at night hours, inflicted fist blow to the sister of applicant and when applicant requested not to beat her sister, i.e. Ms. Rekhaben, Rajubhai and Karmur mercilessly had beaten the applicant as well though they were aware about the fact that she is a minor, using stick and belt brutally, resulting in serious injuries being suffered by applicant. Said officer is said to have used foul language against applicant and others and brought all of them to the police station in a police jeep. Again in the police station, in open space, respondents had beaten in the midnight and when Saijadbhai and Faizalbhai requested the officer not to beat both sisters, then in a double meaning, respondent No.2 used the words, "sister is for you and not for me" and then again, inflicted injury on private part of the applicant and thereafter, at around 4.50 a.m., they called one other sister of the applicant and got thumb mark of the applicant and released the present applicant and her sister. Due to this, applicant got herself admitted to a hospital and her sister Ms. Rekhaben also got medical treatment and later on, applicant came to know that applicant, her sister and Saijadbhai and Faizalbhai were arraigned as accused persons in connection with FIR lodged, bearing No.11213022220126 of 2022 dtd. 28/1/2022 lodged before Jetpur city Police station, District Rajkot for the offences punishable under Ss. 447, 379 and 114 of the Indian Penal Code.
(3.)The applicant has further stated that she had not trespassed anywhere nor committed any theft nor even can think of breaking lock of vehicle and commit theft in the police station itself as alleged.
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