Sowmya v. Ramya Bharathi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2017 CORAM :

THE HONOURABLE MS. JUSTICE R.MALA Contempt Petition No.28 of 2017 Sowmya .. Petitioner Vs.

Ramya Bharathi The Superintendent of Police Coimbatore District Coimbatore.

.. Respondent Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for committing contempt for disobeying the orders of this Court made in Crl.O.P.No.5303 of 2016 dated 04.04.2016.

For Petitioner :Mr.J.Franklin For Respondent :Mr.R.Rajarathinam State P.P.

O R D E R

The petitioner has come forward with this Contempt Petition to punish the respondent for the willful disobedience of the orders of this Court in Crl.O.P.No.5303 of 2016 dated 04.04.2016.

2.Learned counsel for the petitioner would submit that the petitioner has lodged a complaint before the respondent police on 18.02.2016 and on receipt of the complaint, a case has been registered in Crime No.27 of 2016 for the offence under Sections 354(A) of IPC and Section 4 of Tamil Nadu Prohibition of Women Harassment Act.

3.Learned Public Prosecutor would submit that on the basis of the complaint lodged by the petitioner, only C.S.R.No.49 of 2016 is pending and the same is now enquired and closed. A copy of the closure report has also been forwarded to the petitioner and that has been evidenced by the postal receipt. Hence, there is no disobedience that too wilful disobedience of the order passed by this Court.

4.Heard both sides.

5.On perusal of para-5 of the order dated 04.04.2016 made in Crl.O.P.No.5303 of 2016, the Superintendent of Police (Rural), Coimbatore District, was directed to take action against a person, who registered a case in Crime No.27 of 2016. It is seen from the F.I.R. that the case has been registered against one Syed Ibrahaim on the basis of the complaint given by one Rajendraprasad under Section 41(ii) Cr.P.C. But it is not necessary to take action against the said Rajendraprasad, merely because he has obtained a report from the Right to Information Act. Since no action is taken, the petitioner has filed the present contempt petition. As the said Rajendraprasad did not commit any mistake and the superior has looked into the matter, there is no disobedience that too wilful disobedience by the respondent. Therefore, the Contempt Petition is dismissed.

Sd/- JOINT REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2017. 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/06/03/2017 To 1.Ramya Bharathi The Superintendent of Police Coimbatore District Coimbatore.

2.The Public Prosecutor High Court, Chennai.

One CC to M/s.J.Franklin, Advocate, Sr.No.2971