Bhavani v. Chinnadurai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.03.2023

CORAM:

THE HONOURABLE MS JUSTICE R.N.MANJULA Bhavani ... Petitioner Vs.

Chinnadurai, The Inspector of Police, E-2 Thirupalaivanam Police Station, Thiruvallur District.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Court Act 1971, to punish the respondent for his willful disobedience to the order of this Court, dated 18.11.2022 passed in Crl.O.P.No.28306 of 2022. For Petitioner : Mr.S.Srinivasan For Respondent : Mr.S.Vinoth kumar Government Advocate (Crl. Side)

O R D E R

This Contempt Petition has been filed against the respondent for his willful disobedience of the order of this Court, dated 18.11.2022 passed in Crl.O.P.No.28306 of 2022.

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2. The Contempt Petition has been filed on the strength of the observation made in the order dated 18.11.2022 in the following effect: "5. In view of the above submission of the learned Government Advocate (Crl. Side), the second respondent is directed to consider the representation given by the petitioner on 21.09.2022 and do the needful in accordance with law within a period of four weeks from the date of receipt of a copy of this order.

6. With the above observations, this Criminal Original Petition is disposed."

3. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent.

4. The learned counsel for the petitioner submitted that the respondent Police did not comply the order of this Court, dated 18.11.2022 and the representation of the petitioner, dated 21.09.2022 has not been considered. 2/5

5. The learned Government Advocate (Crl. Side) submitted that in compliance of the order dated 18.11.2022, the representation of the petitioner, dated 21.09.2022 was considered and FIR has also been registered.

6. However, the learned counsel for the petitioner submitted that the representation was given subsequent to the filing of FIR and no disposal has been given for the said representation.

7. It is seen that in the order dated 18.11.2022 itself, it is observed that FIR has been registered in Crime No.115 of 2022 on the basis of the complaint filed by the petitioner on 21.09.2022. However, the learned counsel for the petitioner submitted that in the very same complaint, he has also sought for police protection.

8. The learned Government Advocate (Crl. Side) submitted that the dispute lies between the parties is predominantly for fixing the boundaries and as of now the petitioner has not reported any untoward occurrence. If 3/5

the petitioner represents any such untoward or commission of any offence in future, the action has to be taken in accordance with law.

9. If the petitioner has got any threat or disturbance, he is at liberty to file a fresh representation and on such application being filed, the respondent Police shall take action in accordance with law.

10. With the above observation, this Contempt Petition is closed. No costs.

13.03.2023 vum Index:yes/No Speaking order / Non speaking order 4/5

R.N.MANJULA,J.

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