Madras High CourtCONT P/32/2018closed

N.Senthil Kumar v. D.Muthukumarasamy

2018-08-09Honourable Mr Justice P. Velmurugan,Honourable Mr Justice Abdul Quddhose3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.08.2018

CORAM

THE HONOURABLE JUSTICE P.VELMURUGAN AND THE HONOURABLE JUSTICE ABDUL QUDDHOSE Cont.P.No.32 of 2018 and SUB APPL.13 of 2018 and SUB APPL.14 of 2018 N.Senthil Kumar ... Petitioner Vs 1.D.Muthukumarasamy 2.Hanumanthan The Inspector of Police, E8, Kelambakkam Police Station, Kanchipuram District.

3.E.Lakshmipathy The Deputy Director of Prosecution, Taluk Office Complex, Kancheepuram - 631 501 ... Respondents Prayer:

Criminal Original Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents in accordance with provision of Section 11 of the Contempt of Court Act, 1971 for willful and deliberate disobedience of the order dated 13.09.2017 passed in W.A.No.1034 of 2017.

For Petitioner : V.Sankaranarayanan For R1 : Mr.G.Masilamani, senior counsel for Mr.V.Venkatasamy For R2 : Mr.S.R.Rajagopal Addl.Advocate General assisted by Mr.M.Thamizharasan For R3 : Mr.G.Sankaran

ORDER

[Order of this Court was made by ABDUL QUDDHOSE.J.,] This Court by its order dated 25.07.2018 recorded the undertaking given by Mr.S.R.Rajagopal, learned Additional Advocate General on instructions, that the police is ready to register an F.I.R against the first respondent and others who are involved in the issuance of missing certificate dated 13.09.2013.

2. As per the said undertaking, today, the learned Additional Advocate General has produced a copy of F.I.R registered against the first respondent in Crime Number 398 of 2018, dated 06.08.2018.

3. As directed by this Court, on 25.07.2018, the contemnor namely, the third respondent has also filed an affidavit tendering unconditional apology for having rendered his legal opinion on the complaint dated 22.09.2016, instead of the complaint dated 23.09.2013.

4. As seen from the affidavit, the contemnor has also retired from service with effect from 30.06.2018. Since the police have already registered an F.I.R against the third respondent, nothing survives for further adjudication in this matter.

5. Accordingly, the Contempt Petition filed by the petitioner is closed. Consequently, connected sub-applications are closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) nvi //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.

PS/05/12/2018