Madras High CourtCONT P/1548/2016closed

V.Sivalingam v. Ramakrishnan

2016-07-01Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.07.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Contempt Petition No.1548 of 2016 V.Sivalingam ... Petitioner vs.

Ramakrishnan, The Inspector of Police, District Crime Branch, Dharmapuri.

... Respondent Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for wilful disobedience of the order of this Court dated 11.12.2015 made in Crl.O.P.No.26256 of 2015. For Petitioner : Mr.C.Munusamy For Respondent : Mr.P.Govindarajan, Addl. Public Prosecutor.

ORDER

This Court, by an order dated 11.12.2015 in Crl.O.P. No.26256 of 2015, directed the respondent herein to conduct an enquiry on the complaint given by the petitioner and if materials gathered indicated any cognizable offence, he was directed to proceed further in accordance with law, as early as possible. Alleging that the said order has not been complied with, the present contempt petition has been filed.

2. Today, when the matter was taken up for https://hcservices.ecourts.gov.in/hcservices/ consideration, the respondent has filed a detailed counter,

wherein, it has been stated that pursuant to the order of this Court, the then Deputy Superintendent of Police served summons to both the petitioner and the counter party for enquiry and both of them appeared. During enquiry, the petitioner as well as the counter party submitted their documents and the enquiry revealed that there is a civil dispute between the parties. Hence, the complaint has been closed as civil in nature and the both the parties were advised to approach the proper forum for proper remedy. Thus, the order of this Court has been complied with. A copy of the closure report has also been served on the learned counsel appearing for the petitioner across the bar.

3. Since the order of this Court has been complied with, I am of the opinion, nothing survives in this contempt petition and hence, the contempt petition is closed. However, if the petitioner is aggrieved over the closure report, he is at liberty to work out his remedy in a manner know to law, if he is so advised.

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.

CO/15/07/2016 https://hcservices.ecourts.gov.in/hcservices/ One CC to M/s.C.Munusamy, Advocate, SR.7884/2016