G.Vairam v. Abinav Kumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.08.2017

CORAM:

THE HON'BLE MR. JUSTICE P.N. PRAKASH Cont.P.No.1275 of 2017 G.Vairam Petitioner vs.

1.Abinav Kumar Superintendent of Police Ariyalur, Ariyalur District.

2.Amsaveni Inspector of Police Anti Land Grabbing Cell Ariyalur District.

Respondents Contempt Petition filed under Section 11 of Contempt of the Courts Act, 1971 to punish the respondents herein for wilful disobedience of the order of this Court dated 22.08.2016 in Crl.O.P.No.15148 of 2016 filed by the petitioner herein.

For petitioner Mr.M.Balaji For Respondents Mr.C.Emalias, Additional Public Prosecutor

ORDER

This petition has been filed to punish the respondents for wilful disobedience of the order passed by this Court in Crl.O.P.No.15148 of 2016 on 22.08.2016.

2. In Crl.O.P.No.15148 of 2016, this Court passed the following order: "3. When the matter was taken up for hearing, learned Additional Public Prosecutor on instructions submitted that, on the complaint given by the petitioner, petition enquiry was conducted by the Inspector of Police, Anti Land Grabbing Special Wing, Ariyalur District and the same was closed on 21.07.2016, on the ground that the petitioner did not produce necessary documents that the petitioner did not cooperate with the enquiry.

4. Learned counsel for the petitioner submits that the petitioner is willing to cooperate with the enquiry and produce necessary documents.

5. Since there are prima facie allegations in the complaint, which requires enquiry and this Court sets aside the closure report dated 21.07.2016 and directs the petitioner to appear before the 2nd respondent police and produce all documents within two weeks from the date of receipt of a copy of this order and on such production, the 2nd respondent police is directed to conduct fresh enquiry and take action in accordance with law either register an FIR or close the case, under due intimation to the petitioner.

With the above direction, this petition is closed."

3. In this contempt application, it is alleged by the petitioner that the respondents have not complied with the aforesaid direction.

4. Today, Ms.G.Amsaveni, Inspector of Police, ALGSC/Ariyalur is present before this Court. On instructions, learned Additional Public Prosecutor submitted that the order dated 22.08.2016 has been complied with inasmuch as Mrs.Kokilambal, Inspector of Police, ALGSC has conducted further enquiry on 09.11.2016 and has examined the petitioner and others and has closed the case.

The Deputy Superintendent of Police, ALGSC has also issued proceedings closing the case on 09.12.2016.

In view of the above, this contempt petition is closed with liberty to the petitioner to work out his remedy in the manner known to law. A copy of the closure report is furnished to the learned counsel for the petitioner across the Bar.

17.08.2017 gms

P.N.PRAKASH, J.

gms Cont.P.No.1275 of 2017 17.08.2017