Madras High CourtCONT P/530/2015closed

R.Dhanabakiam v. A.Amal Raj Ips

2019-10-25Honourable Mr Justice V. Bharathidasan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.10.2019

CORAM:

THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Cont. P.No.530 of 2015 R. Dhanabakiam ...

Petitioner Vs.

Mr. A. Amal Raj, I.P.S., The Commissioner of Police, Sankari Road, Gugai, Salem 636 006 ... Respondent PRAYER : Petition filed under Sections 11 of the Contempt of Courts Act 1971 to punish the respondent for his willful and disobedience of the order dated 30.01.2014 made in Cont.P.No.1004 of 2013.

For Petitioner : Mr. A. V. Ilango

ORDER

This contempt petition has been filed alleging contempt of Court by disobeying the order dated 30.01.2014 made in Cont.P.No.1004 of 2013.

2. Earlier this Court by an order dated 19.06.2012 in W.P.No.15106 of 2012 directed the second respondent therein to proceed with the petitioner's complaint and take necessary action in accordance with law. Since the above order has not been complied with, the petitioner earlier filed a Contempt Petition in Cont.P.No.1004 of 2013 and the same has been closed by this Court by an order dated 30.01.2014, on the ground that pursuant to the order passed in the writ petition, First Information Report has been registered in Crime No.672 of 2013 and this Court also held in the contempt petition that if there is no progress in the investigation, the petitioner is at liberty to approach this Court to get further remedy. Now alleging that the respondent did not conduct any investigation on the complaint, the present Contempt Petition has been filed.

3. The earlier contempt petition filed by the petitioner has been closed by this Court on the ground that First Information Report has been registered and if at all the petitioner has any grievance regarding investigation, it is open to the petitioner to file appropriate petition seeking for direction to conduct investigation and he

cannot file another contempt petition as there is no willful disobedience of the order passed in the writ petition as well as in the earlier contempt petition. Hence, I find no valid reason in the petition and the contempt petition is liable to be dismissed.

4. Accordingly, this Contempt petition is dismissed. SD/- ASSISTANT REGISTRAR(COMM.CASES) mrp //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/22/01/2020 To The Commissioner of Police, Sankari Road, Gugai, Salem 636 006