J.Jonbosco @ Jegan v. Venkatesan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.08.2016
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Cont.P.No.1491 of 2016 J.Johnbosco @ Jegan ...
Petitioner Vs Venkatesan, Inspector of Police, South Police Station, Vandavasi (Town), T.V Malai District.
...
Respondent Prayer: Contempt Petition filed under Sections 11 of Contempt of Courts Act, to punish the respondent for willful disobedience of the order passed in Crl.O.P.No.20061 of 2015 dated 01.09.2015.
For Petitioner :Mr.A.Indiyan For Respondents :Mr.C.Emalias Addl. Public Prosecutor
ORDER
This Contempt Petition has been filed to punish the respondent for willful disobedience of the order passed in Crl.O.P.No.20061 of 2015 dated 01.09.2015.
2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.
3. It is seen that in Crl.O.P.No.20061 of 2015 dated 19.02.2015, this Court passed the following order; "The learned Additional Public
Prosecutor submitted that the petitioner has sent a compliant dated 21.07.2015 by post to the respondents. The petitioner is directed to go in person and give a complaint to the third respondent and on such complaint being given, the same shall be enquired into in accordance with law, following the decision laid down by the Hon'ble Supreme Court in Lalitha Kumari Vs. Government of Uttarpradesh and others reported in (2014) 2 SCC 1."
4. In Para -3 of the petitioner's affidavit, he has stated as follows;
"I further state that I have submitted the above certified copy of the order in person before the District Crime Branch, Thiruvannamalai, as early as in the 1st week of October 2015 and thereafter the Police officials have informed me that I will be sent with summons soon and while I can appear before them, etc."
5. From the above, it is seen that the petitioner has not even stated the date on which, he went to the Police Station in person to give a fresh compliant as directed by this Court. On the contrary, in Page No.15 of the typed set of papers, the petitioner has kept the copy of the representation dated 15.03.2016, which also does not disclose the commission of any cognizable offence.
6. Even according to the petitioner, he had received the post card on 08.12.2015, in which, he was
asked to appear on 05.12.2015. In other words, according to him, he has received the post card only on 08.12.2015 and therefore, he could not have been able to appear on an earlier date i.e. 05.12.2015. Be that as it may, even according to him, that post card given was meant only on for earlier complaint dated 21.07.2015.
7. Under such circumstances, this Court does not find any prima facie materials even to issue a statutory notice in this case. Hence, the contempt petition is dismissed.
ub/sms 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.
JM/CO/22/08/2016 One CC to A.Indiyan, SR.9847/2016 To Inspector of Police, South Police Station, Vandavasi (Town), T.V Malai District.