Madras High CourtCONT P/1321/2016disposed of

P.Mohana v. Jaya Subramaniyam

2016-10-18Honourable Ms. Justice R.Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.10.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Cont.P.No.1321 of 2016 P.Mohana .. Petitioner Vs.

Mrs.Jaya Subramaniyam The Assistant Commissioner of Police, Madhavaram, Chennai.

.. Respondent Prayer:- Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent under the provision of the Contempt of Court's Act for the willful disobedient of the judgment or orders of this Court dated 26.02.2016 in Crl.O.P.No.3565 of 2016. For Petitioner : Mr.D.S.Ramesh For Respondent : Mr.M.Mohamed Riyaz Govt. Advocate (crl.side)

O R D E R

Heard the learned counsel appearing for the petitioner and Mr.Mohamed Riyaz, learned Government

Advocate (Crl.Side) appearing for the respondent/contemnor.

2.The petitioner herein has filed Crl.O.P.No.3565 of 2016 under Section 482 Cr.P.C. seeking a direction to the respondent police to register a case on the basis of the complaint lodged by him dated 01.02.2016. This Court, by order dated 26.02.2016, directed the second respondent therein to expedite the enquiry and follow the dictum laid down in Lalitha Kumari v. Government of U.P. and others [2013 (4) Crimes 243 (SC)] and register a case, if any cognizable offence is made out.

3.According to the petitioner, the respondent/contemnor, who is the second respondent therein, has neither conducted any enquiry nor registered a case and that he has willfully disobeyed the order passed by this Court. Hence, the petitioner has filed the present contempt petition.

4.Today the respondent/contemnor is present and filed a counter affidavit, which reveals that in obedience of the order passed by this Court on 26.02.2016, proper and thorough enquiry has been conducted and the same was closed as it is purely a civil

dispute. He also tendered his unconditional apology for the delay in implementing the order of this Court dated 26.02.2016.

5.In view of the above, the contempt petition is disposed of. The respondent/contemnor is directed to furnish a copy of the closure report to the petitioner within a period of one week from the date of receipt of a copy of this order.

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.

SS/CO/18/10/2016 To The Assistance Commissioner Police,Madhavaram, Chennai One CC to Mr.D.S.Ramesh, Advocate, SR.13391/16