A.Kumarasamy v. Panchataram

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2015

CORAM:

THE HON'BLE Ms.JUSTICE K.B.K.VASUKI Contempt Petition No.339 of 2015 A.Kumarasamy .. Petitioner Vs.

Mr.Panchataram Inspector of Police, Cheyur Police Station, Kancheepuram District ..Respondent Prayer :

Petition filed under Section 11 of the Contempt of Courts Act, 1971 (Central Act 70 of 1971) praying to punish the Respondent herein for willfully disobeying the order of this Court dated 25.09.2014 passed in Crl.O.P.No.26824 of 2014.

For Petitioner : Mr.M.Manikandhan For Respondent : Mr.S.Mohammed Riyaz Government Advocate (Crl.Side)

O R D E R

The learned counsel for the petitioner, the learned Government Advocate (Crl.Side) along with the respondent are present.

2. In the counter filed herein it is specifically

stated that the petitioner has omitted to send a fresh copy of the complaint within two weeks from the date of receipt of copy of the order and by reason of such failure, the respondent was unable to proceed with the matter in the manner known to law in compliance with the direction of this Court.

3.The learned Government Advocate (Crl.Side) has also produced a copy of the communication addressed by the Respondent-Inspector to the Registrar General as early as on 22.12.2014 and the same reads that the Criminal Original Petitioner did not submit a fresh copy of the complaint and he could not proceed with further investigation according to law. It is further stated herein that not-withstanding such omission on the part of the petitioner, the respondent held a detailed enquiry and the same revealed that there was no issue regarding the sale transaction referred to in the complaint between the owner, power of attorney, subsequent purchaser and the Sub-Registrar, who registered a document and the complaint was lodged only by the son-in-law and the son-in-law after having successfully pursued his remedy on the Writ Jurisdiction in respect of the same issue approached this Court by way of Criminal Original petition.

In view of the above stated position, this Court feels that the respondent is not liable to be proceeded for any act of Contempt of Court Act and the petition is hence dismissed. No costs.

ssd SD/- DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/27/11/2015 One CC to Advocate, Manikandhan, Sr.No.11331. To

1. Mr.Panchataram Inspector of Police, Cheyur Police Station, Kancheepuram District

2. The Public Prosecutor High Court, Madras.