Madras High CourtCONT P/1957/2017closed

G.Narayanan v. Gunasekaran

2018-03-19Honourable Mr Justice C. T. Selvam3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.03.2018

CORAM

THE HONOURABLE MR. JUSTICE C.T.SELVAM CONTEMPT PETITION No.1957 of 2017 G.Narayanan S/o.Ganesh Rao (Late) ... Petitioner

Versus

1. Gunasekaran Deputy Superintendent of Police, District Crime Branch, Thiruvarur.

2. Chandrasekar Inspector of Police, District Crime Branch, Thiruvarur.

.... Respondents Criminal Original Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for willful disobedience of the order of this Court passed in Cont.P.No.2848 of 2014 dated 31.10.2014.

For Petitioner :

Mr.G.Narayanan For Respondents :

Mr.R.Prabavathy, Additional Public Prosecutor

O R D E R

This petition is directed against the non-compliance of the order of this Court passed in Cont.P.No.2848 of 2014 dated 31.10.2014.

2. Petitioner, party-in-person, in answer to query of this Court, first informed that the contempt petition has been prepared by an Advocate at Thiruvarur. When informed that this Court is inclined to summon such Advocate, petitioner states that the petition was prepared by a

'kumastha' i.e. Advocate Clerk. First respondent has filed a status report informing that the custody of the jewellery recovered in connection with the case pending trial in C.C.No.29 of 2014 on the file of learned Chief Judicial Magistrate, Tiruvarur, has been entrusted to petitioner. A perusal of the petition shows that it is petitioner's understanding that accused in the case have accepted to being in possession of monies he had been deprived of and the same have to be made good to him. Since the petitioner appears to this Court to be a man genuinely seeking recovery of that which he has wrongfully lost, this Court has taken a lenient view towards him. Such leniency should not be misused. This Court has impressed the petitioner so. The Contempt Petition shall stand dismissed.

Even while dismissing the contempt petition this Court would require the Court below to dispose of the case as expeditiously as possible in keeping with the order of this Court passed in Cont.P.No.2848 of 2014 dated 31.10.2014. SD/- ASSISTANT REGISTRAR(COMM.CASES) gm //Certified to be true copy// Dated at Madras this the day of 2018. COURT OFFICER(O.S.)

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CO/10/04/2018 To

1. The Chief Judicial Magistrate, Tiruvarur.

2. The Public Prosecutor, High Court, Madras.