Madras High CourtCONT P/2199/2015closed

M.Seshachalam v. C.Vijayakumar

2016-08-02Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.08.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Contempt Petition No.2199 of 2015 M.Seshachalam ... Petitioner vs.

1.C.Vijayakumar, The Superintendent of Police, Cuddalore District, Cuddalore.

2.C.Murugesan, The Inspector of Police, Panruti Police Station, Panruti.

... Respondents Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for contempt of Court for disobeying the order of this Court dated 1.7.2013 made in Crl.O.P.No.5955 of 2013.

For Petitioner : Mr.Richardson Wilson For Respondents : Mr.P.Govindarajan, Addl. Public Prosecutor.

ORDER

Originally, the petitioner filed the petition in Crl.O.P. No.5955 of 2013 seeking a direction to the respondents to register the complaint dated 19.1.2013 given by him and to investigate the same and to file a final report before the competent Court within a time frame. When the matter was taken up for hearing on 1.7.2013, learned Government Advocate (Crl. Side) submitted that on receipt of the complaint from the petitioner, the second respondent conducted an enquiry and recorded the statement of the petitioner, wherein the petitioner had not spoken about the assault made on him and hence, the complaint of the petitioner was closed as mistake of fact. Since the complaint of the petitioner was closed as mistake of fact, this Court directed the second respondent to serve notice on the petitioner with regard to the same and liberty was also given to the petitioner to work out alternative remedy in accordance with law, if so desired. Alleging that as per the directions of this Court, closure report was not served on the petitioner, the present contempt petition has been filed.

2. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that closure report was already served on the petitioner. However, he has also served another copy of

the closure report to the learned counsel appearing for the petitioner across the bar.

3. Since the order of this Court has been complied with, I am of the opinion, nothing survives in this contempt petition and hence, the contempt petition is closed.

sbi SD/ JOINT REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

CO/17/08/2016 One CC to M/s.P.Wilson Associates, SR.9369/2016