Madras High CourtCONT P/1773/2016closed

S.Jayanthi v. Mr.Saminathan

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.1773 of 2016 S.Jayanthi .. Petitioner Vs.

Mr.Saminathan Inspector of Police Koradachery police station Koradachery, Thiruvarur District.

.. 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 orders passed by this Court in Crl.O.P.No.3667 of 2016 dated 10.03.2016.

For Petitioner : Mr.C.Munusamy 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.3667 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 19.10.2015. This Court, by order dated 10.03.2016, directed the first 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 first 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 28.04.2016, 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 10.03.2016, a case in Crime No.353 of 2016 has been registered for the offences under Sections 420 and 406 IPC on 27.09.2016. He also tendered his unconditional apology for the delay in implementing the order of this Court dated 10.03.2016.

5.In pursuant to the order passed by this Court dated 10.03.2016, since the respondent has registered a case in Crime No.353 of 2016 on 27.09.2016, this Contemp 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.

SS/CO/ 28/11/2016 To Mr.Saminathan Inspector of Police Koradachery police station Koradachery, Thiruvarur District.