Madras High CourtCONT P/2001/2016closed

Mr.P.Anandan v. Mr.Rathna Kumar

2018-02-23Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.02.2018 CORAM :

THE HONOURABLE Mr.JUSTICE R.SUBBIAH Contempt Petition No.2001 of 2016 Mr.P.Anandan ... Petitioner Vs.

Mr.Rathnakumar, Inspector of Police, Palakodu Police Station, Pallakodu Taluk, Dharapuri District.

... Respondent Petition filed under Section 11 of the Contempt of Court Act, to punish the respondent for disobedience of the order passed by this Court in Crl.O.P.No.225 of 2016, dated 19.01.2016.

For Petitioner : Mr.Rathna Kumar For Respondent : Mr.R.Ravichandran, GA (Crl.Side)

ORDER

This Contempt Petition has been filed by the petitioner seeking to punish the respondent for disobedience of the order passed by this Court in Crl.O.P.No.225 of 2016, dated 19.01.2016.

2.Earlier, the petitioner had filed the Crl.O.P.No.255 of 2016 seeking direction to the respondent Police not to harass the petitioner and his family members by insisting

them to hand over the possession of the property situated at S.No.389, Jerthalav Village, Palacode Taluk, Dharmapuri District admeasuring an extent of 2 acres, or in any other manner.

3.When the said OP was taken up for consideration on 19.01.2016, it was reported by the learned Government Advocate (Crl.Side) that there is no intention on the part of the respondent-Police to harass the petitioner during the course of investigation. Hence, by recording the said statement made by the Government Advocate (Crl.Side), the said Criminal Original Petition was closed by order dated 19.01.2016.

4.Now, the present contempt petition has been filed by the petitioner stating that inspite of the undertaking given by the Government Advocate (Crl.Sdie), there is harassment on the part of the respondent Police. 5.Today, when the matter is taken up, a detailed counter affidavit has been filed by the learned Government Advocate (Crl.side), stating that the respondent Police is not giving any harassment to the petitioner and to his family members. Paragraph 12 of the counter affidavit is extracted hereunder:- "12. I submit that after getting

order from this Hon'ble High Court, the petitioner and his brother appeared before me, at that time, I have conducted investigation of this case and I am not giving any harassment to the petitioner.

Thereafter, I am not giving any harassment to the petitioner nor his wife."

6.Recording to the said statement in the counter affidavit made by the respondent-Police, this Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ssv //Certified to be true copy// Dated at Madras this the day of 2018. 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/10/04/2018 one cc to Mr. S.P. Arthi,SR.No.3210.