Madras High CourtCONT P/1437/2016closed

K.A.Lakshmanan v. Sakthivel

2016-07-06Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.07.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Contempt Petition No.1437 of 2016 K.A.Lakshmanan ... Petitioner Vs 1.Mr.Sakthivel, Superintendent of Police, Office of the Superintendent of Police, Salem, Salem District.

2.Mr.Saravanan, Inspector of Police, Kondalampatty Police Station, Salem District.

...

Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents, willfully failed to obey the order of this Court dated 17.12.2015 in Crl.OP No.5190 of 2014 for contempt and secure the ends of Justice.

For Petitioner : Mr.R.Sankarasubbu For Respondents : Mr.C.Emalias Additional Public Prosecutor

O R D E R

This Contempt Petition has been filed alleging the willful disobedience of the order issued by this Court dated 17.12.2015 in Crl.OP.No.5190 of 2014.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. Today, Mr.E.G.Vijaya Kumar (HC 1148), B-6, Kondalampatty Police Station, Salem City, (Mobile No.9498166928), is present.

4. In Crl.OP.No.5190 of 2014, this Court has passed the following order on 17.12.2015 :

"3. The petitioner is an Advocate and it is his case that one Gunasekaran who is also an Advocate attempted forcibly to dispossess the petitioner from his land on 10.01.2014, in connection with which, a case in Cr.No.33 of 2014 has been registered by the respondent police against the said Gunasekaran and his henchmen. While so, it is alleged by the petitioner that in the complaint dated 01.02.2014 that the said Gunasekaran is continuing to cause harassment by various methods.

4. Under such circumstances, this Court directs the respondent police to enquire into these aspects and provide sufficient protection, if warranted to the petitioner against any harassment by the said Gunasekaran and his henchmen.

With the above direction, this petition is closed."

5. The learned Additional Public Prosecutor submitted that pursuant to the order passed by this Court, the petitioner is an advocate and that he is not co-operating with the police for enquiry. Therefore, the police is not able to proceed further.

6. In view of the above, this Court does not find prima facie materials to issue statutory notice, and hence the Contempt Petition is closed.

06.07.2016 ds To:

1.Mr.Sakthivel, Superintendent of Police, Office of the Superintendent of Police, Salem, Salem District.

2.Mr.Saravanan, Inspector of Police, Kondalampatty Police Station, Salem District.

3.The Public Prosecutor High Court, Madras.

P.N.PRAKASH, J.

ds Cont.P.No.1437 of 2016 06.07.2016