M.Moorthy v. The Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2025

CORAM

THE HON'BLE Mr. JUSTICE G.K.ILANTHIRAIYAN M.Moorthy ....

Petitioner Vs 1.The Inspector of Police, Mailam Police Station, Thindivanam, Villupurma District.

(Crime No.945 of 2024) 2.Adhimoolam 3.Pushpa ....

Respondents Prayer: Criminal Original Petition is filed under Section 528 of Bharathiya Nagrik Suraksha Sanhitha, 2023, to initiate appropriate action in Crime No.945 of 2024 on the file of the respondent police against the second and third respondents herein, and punish them for violation of the orders of the Court, granted by the Principal Sub Judge, Thindivanam in I.A.No.311 of 2021, dated 13.10.2022 as confirmed by the II Additional District Judge, in C.M.A.No.24 of 2022 in its order dated 13.03.2023 and upheld by this Court in CRP No.1226 of 2023 by order dated 22.07.2024 in accordance with law.

For Petitioner : Mr.B.Divakaran For R1 : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/4

ORDER

This Criminal Original Petition has been filed to take appropriate action as against the second and third respondents for the violation of the interim injunction granted in I.A.No.311 of 2021 dated 13.10.2022, which was confirmed in CMA No.24 of 2022 on the file of the II Additional District Judge, Thindivanam and also upheld by this Court in CRP No.1226 of 2023 dated 22.07.2024.

2. Heard the learned counsel appearing on either side and perused the materials available on record.

3. If any violation of the order passed by the Courts below by the respondents 2 and 3, the petitioner can approach the concerned Court with a contempt petition for disobedience. Therefore, the first respondent does not have the jurisdiction to take action against the contemnors for disobedience of the order passed by this Court.

4. In view of the above, the prayer sought for in this petition cannot be considered. Accordingly, this Criminal Original Petition stands dismissed.

04.02.2025 Lpp Index:Yes/No Internet:Yes/No 2/4

To

1. The II Additional District Judge, Thindivanam.

2. The Inspector of Police, Mailam Police Station, Thindivanam, Villupurma District.

3.The Public Prosecutor, High Court, Madras.

3/4

G.K.ILANTHIRAIYAN,J.

Lpp 04.02.2025 4/4