P.Kaliamoorthy v. Radhika

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2015

CORAM

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Contempt Petition No.2771/2014 P.Kaliamoorthy ..

Petitioner

Versus

1.Ms.Radhika The Superintendent of Police Cuddalore District.

2.Mr.Ramanathan The Inspector of Police Nellikuppam Police Station Cuddalore District.

..Respondents Contempt petition filed under section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for committing contempt of Court by disobeying the order dated 03.03.2014 in Crl.OP.No.24250/2013. For Petitioner :

M/s.R.Aparna For Respondents:

Mr.Sivaramkumar, GA [Crl.Side]

ORDER

The petitioner has filed this contempt petition seeking to punish the respondents for not complying with the order of this Court dated 03.03.2014 made in Crl.OP.No.24250/2013.

2.Heard the learned counsel for the petitioner and the learned Government Advocate [Criminal Side].

2.Learned counsel for the petitioner submitted that the order of this Court has not been complied with by the respondents and hence, the petitioner has filed the present contempt petition.

3.The 2nd respondent has filed a detailed counter affidavit.

Learned Government Advocate [Crl. Side] submitted that the counter affidavit may be treated as a "Status Report". He has also produced a copy of the Final Report dated 05.11.2014 in Cr.No.367/2013 u/s.174 Cr.P.C., wherein, it has been stated that "THE ACTION HAS BEEN DROPPED".

4.The learned counsel for the petitioner contended that the said Final Report has been hurriedly prepared and that the 2nd respondent went to the house of the petitioner and threatened him with dire consequences.

5.This Court is of the view that these are the points to be agitated before the appropriate Forum and the same cannot be decided in a contempt petition. However, as stated by the petitioner, if any complaint has been made by the petitioner as against the 2nd respondent, it is open to the petitioner to pursue the same and on receipt of any such complaint from the petitioner, the Department is expected to act on such representation in accordance with

law. The 2nd respondent is directed to serve a copy of the Final Report as well as the Status Report [Counter affidavit] to the petitioner within a period of one week from the date of receipt of a copy of this order. 6.In view of the filing of the final report, nothing further remains to be considered in this contempt petition. Accordingly, the same is closed. If the petitioner has any grievance, it is left open to him to agitate the same in the manner known to law.

AP SD/ DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2015. 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/14/05/2015 To 1.Ms.Radhika The Superintendent of Police Cuddalore District.

2.Mr.Ramanathan The Inspector of Police Nellikuppam Police Station Cuddalore District.

3.The Public Prosecutor, High Court,