D.Elumalai v. M.Venkatesan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.08.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Contempt Petition No.1803 of 2016 D.Elumalai ... Petitioner vs.
M.Venkatesan, The Inspector of Police, D. Ice House Police Station, Triplicane, Chennai.
... Respondent Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for wilfully disobeyance of the order of this Court dated 12.1.2016 passed in Crl.O.P.No.743 of 2016. For Petitioner : Mr.S.Varanesh For Respondent : Mr.P.Govindarajan, Addl. Public Prosecutor.
ORDER
The petitioner filed a petition in Crl.O.P.No.743 of 2016 seeking a direction to the respondent herein to initiate the investigation and register FIR on the complaint dated 18.12.2015 given by him. In the said complaint, it has been stated that the car which was parked by the petitioner in front of one Arthi Thangamaligai was found damaged. When the petitioner questioned the owner of
the said Arthi Thangamaligai about the damage caused to the car, the owner abused him and his family members by using filthy language and also threatened him. Hence, the petitioner lodged a complaint dated 18.12.2015 with the respondent police. Since no action was taken on the said complaint, the petitioner filed the said criminal original petition.
2. When the matter was taken up for consideration on 12.1.2016, learned Additional Public Prosecutor submitted that on receipt of the complaint given by the petitioner dated 18.12.2015, CSR number has been assigned as CSR No.562 of 2015. In view of the said submission made by the learned Additional Public Prosecutor, this Court directed the respondent herein to conduct enquiry on the complaint given by the petitioner dated 18.12.2015 in CSR No.562 of 2015 and dispose of the same 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.
3. Today, when the matter was taken up for consideration, learned Additional Public Prosecutor submitted that an enquiry was conducted on the complaint given by the petitioner dated 18.12.2015 in CSR No.562 of 2015 and it was closed. He has also produced the closure report.
4. 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 the manner know to law, if he is so advised.
sbi 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.
DP/CO/10/08/2016 One CC to M/s.S.Varanesh, Advocate, SR.9546/2016