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Madras High CourtCONT P/1600/2016closed

Mr.M.Gopi v. Mr.Ragupathy,

2016-10-19Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.10.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Cont.P.No.1600 of 2016 M.Gopi .. Petitioner Vs.

Mr.Ragupathy Inspector of Police N1 Royapuram police station Chennai - 13.

.. Respondent Prayer:- Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent for the willful disobedience of the order passed by this Court in Crl.O.P.No.1752 of 2016 dated 04.02.2016.

For Petitioner : Mr.R.Margabandhu 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.

2.The petitioner herein has filed Crl.O.P.No.1752 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 27.11.2015. This Court, by order dated 04.02.2016, directed the 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 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, after issuing contempt notice dated 26.04.2016, has filed the present contempt petition. 4.The respondent/contemnor has filed a counter affidavit, which reveals that in obedience of the order passed by this Court dated 04.02.2016, a case in Crime No.1161 of 2016 has been registered for the offences under Sections 419 and 465 IPC on 19.09.2016. He also tendered his unconditional apology for the delay in implementing the order of this Court dated 04.02.2016.

5.In pursuant to the order passed by this Court dated 04.02.2016, since the respondent has registered a case in

Crime No.1161 of 2016 on 19.09.2016, this Contempt Petition is closed.

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/14/11/2016 Two CC to Mr.R.Margabandhu, Advocate, SR.13409/2016 To Mr.Ragupathy Inspector of Police N1 Royapuram police station Chennai - 13.