Madras High CourtCONT P/2118/2016closed

U.Vivekanandan v. Mr.Michael Royappan

2016-09-06Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2016 CORAM :

THE HONOURABLE Mr.JUSTICE R.SUBBIAH Contempt Petition No.2118 of 2016 in Crl.O.P.No.29984 of 2015 U.Vivekanandan ... Petitioner Vs.

Michael Royappan The Inspector of Police, P3 Police Station, Vyasarpadi, Chennai - 600 039.

... Respondent Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent herein for committing contempt of the order dated 17.12.2015 in Crl.OP.No.29984 of 2015.

For Petitioner : Mr.K.Rajasekaran For Respondent : Mr.K.Mathan Government Advocate (Crl.side)

ORDER

This Court, by an order dated 17.12.2015 in Crl.O.P.No.29984 of 2015, has directed the respondent police to conduct an enquiry in C.S.R.No.227 of 2015 and upon enquiry, if the materials are gathered indicating any cognizable offence, he is directed to proceed further in accordance with law as early as possible.

2. Today, when the matter is taken up for consideration, the learned Government Advocate (Crl.side) https://hcservices.ecourts.gov.in/hcservices/ has filed his counter affidavit stating that enquiry was

conducted and statement of the petitioner and counter petitioner were recorded, in which, both parties undertook to settle their dispute before the Family Court. Hence, based on the statements and enquiry, the respondent police closed the petition in C.S.R.No.227 of 2015 on 02.07.2015. He further submitted that suppressing the statements given at the Police Station, the petitioner filed a direction petition vide Crl.O.P.No.29984 of 2015 and obtained an order dated 17.12.2015.

3.Since petition enquiry in C.S.R.No.227 of 2015 was closed on the basis of the undertaking given by both parties, nothing survives in the contempt petition and accordingly, the same is closed. However, liberty is given to the petitioner to workout his remedy under Section 156 (3) Cr.P.C, if so advised.

sms 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/20/09/2016 One CC to Mr.K.Rajasekaran, Advocate, SR.11726/2016 To Michael Royappan The Inspector of Police, P3 Police Station, Vyasarpadi, Chennai - 600 039 https://hcservices.ecourts.gov.in/hcservices/