S.Jawahar v. Vallavan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2019 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBBIAH CONTEMPT PETITION No.1588 of 2016 S.Jawahar, S/o.Singiri.

... Petitioner Vs.

Thiru.Vallavan, Inspector of Police, Upper Coonoor Police Station, Coonoor, The Nilgiris-643 101.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying to issue contempt notice to the respondent and punish him for having wilfully disobeyed the order dated 19.11.2015 passed by this Hon'ble Court in Crl.O.P.No.26950 of 2015.

For Petitioner : M/s.J.Bharathiraja For Respondent : Mrs.S.Thankira Government Advocate (Crl.side) *****

O R D E R

The present Contempt Petition has been filed by the petitioner alleging non-compliance of the order of this Court passed in W.P.No.26950 of 2015 dated 19.11.2015, wherein this Court directed the respondent to execute the non-bailable warrant issued against respondents 2 to 5 in C.C.No.51 of 2010 by the learned Judicial Magistrate, Ooty,

The Nilgiris, as early as possible, preferably, within a period of one month from the date of receipt of a copy of the order.

2. Heard the learned counsel for the petitioner and learned Government Advocate (Crl.side) for the respondent.

3. When this matter was listed on 28.06.2019, it is represented by the learned Government Advocate appearing for the respondent that the respondent have executed nonbailable warrant as against respondents 3 and 5 and the 4th respondent is no more. Insofar as the 2nd respondent is concerned, he is living all along in Dhubai and very recently had come to India. Hence, they could not execute the warrant against him and sought for two weeks time. Hence, the matter was adjourned by two weeks and posted today i.e.,18.07.2019 for consideration.

4. Today, when the Contempt Petition is taken up for consideration, learned Government Advocate for respondent submitted that the 2nd respondent viz., V.Joseph Daniel surrendered before lower Court and therefore, the nonbailable warrant was recalled. 5.In view of the above submission made by the learned Government Advocate, nothing further survives for

consideration in this Contempt Petition. Accordingly, this Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) rm //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

Mv/07/08/2019 To The Inspector of Police, Upper Coonoor Police Station, Coonoor, The Nilgiris-643 101.