C.Manivannan, v. Velu And Another
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 14.03.2025
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH C.Manivannan S/o.Chandrasekaran Managing Director M/s.Craft Mold (India) Pvt. Ltd., No.116A, II Main Road SIDCO Industrial Estate Thirumazhisai, Chennai - 600 124.
.... Petitioner Vs 1.Velu The Inspector of Police Central Crime Branch Avadi, Avadi City CCB Chennai - 600 054.
2.Jayamoorthy.S No.62/57, Sai Nagar Ramya Flats, I Main Road Virugambakkam Chennai - 600 092.
.... Respondents Prayer : Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the respondents for their willful disobedience of the order passed in Crl.O.P.No.3575 of 2024 dated 16.02.2024.
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For Petitioner : Mr.K.R.Ramesh Kumar For Respondents : Mr.R.Vinothraj Government Advocate
ORDER
The main grievance that was expressed by the learned counsel for the petitioner is that inspite of order of stay granted by this Court in Crl.OP.No.3575 of 2024, the first respondent proceeded further with the investigation and filed a police report before the learned Judicial Magistrate-I, Poonamallee and the same was taken cognizance in C.C.No.382 of 2024 and summons were also issued to the petitioner.
2. The first respondent has filed an affidavit before this Court and the relevant portion is extracted hereunder :
"11. It is respectfully that, at on 22.11.2024, I have received a contempt notice from the petitioner's counsel, thereafter only, I came to know that this Hon'ble Court granted an order of stay of investigation in Crime No.16 of 2023 pending on the file of the Inspector of Police, Central Crime Branch, Avadi Commissionerate, until further orders.
12. It is respectfully that, after coming to knowledge of an order of stay of investigation in Crime No.16 of 2023. On 14.12.2024, I have 2/5
given a requisition letter to the Learned Judicial Magistrate Court No-I, Poonamallee, to defer the proceedings in C.C.No.382 of 2024 in view of the stay granted by this Hon'ble Court, the same was accepted by the Learned Judicial Magistrate Court, No.I, Poonamallee.
13. It is respectfully that, with greatest humility that I have always had the deepest and higher regards for this Hon'ble Court and have always ensured the compliance of all the orders of the Hon'ble Court. I deeply regret and most humbly tender my unconditional and unqualified apology to this Hon'ble High Court."
3. In the light of the specific stand taken by the first respondent and having informed the learned Judicial Magistrate-I, Poonamalle, to keep the proceedings in C.C.No.382 of 2024 in abeyance and also tendered unconditional apology to this Court, this Court is inclined to condone the action on the part of the first respondent.
4. It is made clear that the proceedings in C.C.No.382 of 2024 on the file of learned Judicial Magistrate-I, Poonamallee, will be kept in abeyance. It is left open to the petitioner to contest the present Crl.OP. challenging the FIR registered by the first respondent on its own merits and the final report filed by the first respondent will not come in the way of the petitioner to contest the 3/5
case on merits.
5. In the result, this contempt petition is closed and there shall be a direction to the Registry to post the Crl.OP.No.3575 of 2024 for final hearing. 14.03.2025 Index : Yes/No Speaking Order/Non-Speaking Order ds 4/5
N. ANAND VENKATESH., J ds 14.03.2025 5/5