Madras High CourtCONT P/1157/2015closed

K.Pachaiappan v. Poomaran

2015-07-23Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.07.2015

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Contempt Petition No.1157 of 2015 K.Pachaiappan ... Petitioner vs.

Poomaran, The Inspector of Police, Central Crime Branch, Land Grabbing Section, Egmore, Chennai-8.

... Respondent Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for non-compliance of the order dated 2.8.2013 passed by this Court in Crl.O.P.No.19657 of 2013. For Petitioner : Mr.T.Ramachandran For Respondent : Mr.M.Mohammed Riyaz, Govt. Advocate (Crl. Side).

ORDER

This Court, by an order dated 2.8.2013 in Crl.O.P. No.19657 of 2013, directed the respondent herein to conduct enquiry on the complaint given by the petitioner dated 24.6.2013 and proceed further in accordance with law, as early as possible. Though the direction was given by this Court on 2.8.2013, till date, the said direction was not complied with by the respondent herein. Hence, the present contempt petition.

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2. Today, when the matter was taken up for consideration, the respondent has filed a counter stating that pursuant to the order passed by this Court, an enquiry was conducted by him and during the course of enquiry, he has recorded the statement of the petitioner and the de facto complainant and he has also collected the relevant documents. But, on a perusal of the documents, he came to know that the matter is purely civil in nature. Hence, he has closed the petition on the ground that "the case is civil in nature" on 18.3.2015 and the same was communicated to the petitioner by way of post on 4.4.2015.

3. In view of the said statement made by the respondent in the counter, I am of the opinion, nothing survives in this contempt petition and the contempt petition is closed. However, if the petitioner is aggrieved over the order passed by the respondent, he is at liberty to challenge the same in a manner known to law, if he is so advised.

sbi SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/15/11/2015 To 1.The Inspector of Police, Central Crime Branch, Land Grabbing Section, Egmore, Chennai - 8 https://hcservices.ecourts.gov.in/hcservices/ 2.The Public Prosecutor High Court, Madras-104