Madras High CourtCONT P/2327/2016closed

B.Velavan v. Kumar

2016-12-15Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2016

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Cont. Petition No.2327 of 2016 B. Velavan .. Petitioner vs.

Mr. Kumar Inspector of Police Paramathi Velur Police Station Namakkal District .. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondent for contempt for wilfully disobeying the order dated 09.04.2015 in Crl.O.P. No.7843 of 2015. For petitioner: Mr. M. Guruprasad For respondent: Mr. C. Emalias Additional Public Prosecutor

ORDER

This contempt petition is filed alleging non compliance of the order dated 09.04.2015 passed in Crl.O.P. No.7843 of 2015.

On 15.11.2016, this Court passed the following order:

"Today, Mr.C.Ganapathi, Inspector of Police, Paramathi Velur Police Station, Namakkal District, is present before this Court.

2. Learned Additional Public Prosecutor submitted that the petitioner has given two complaints, one relating to forgery, in which the respondent police have registered a case in Cr.No.666 of 2016 for offences u/s 465, 471 and 406 IPC. The second complaint is with regard to alleged intimidation of the petitioner by one Sivaprakash, Branch Manager, Shriram Chits Private Limited, Paramathy Velur Branch, in which, the police have registered an FIR in Cr.No.667 of 2016.

3. Mr.M.Guruprasad, learned counsel for the petitioner fairly submitted that for noncompliance of the order passed by this Court in Crl.O.P.No.7789 of 2015, a separate contempt petition in Cont.P.No.2317 of 2016 has been filed and the same is posted on 07.12.2016.

4. A reading of the FIR in Cr.No.667 of 2016 does not inspire the confidence of this Court and it appears that the same has been registered as a knee jerk reaction, fearing contempt action by this Court.

Hence, post this contempt application along with Cont.P.No.2317 of 2016 on 07.12.2016.

3. Today, Mr. C. Ganapathi, Inspector of Police, P. Velur Police Station, is present.

4. The learned Additional Public Prosecutor, on instructions, submitted that after investigation, the FIR in Cr. No.667 of 2016 has been closed on 21.11.2016 as mistake of fact and RCS notice has been served on the petitioner/de facto complainant. He further submitted that the closure report has been filed before the Judicial Magistrate, Paramathi Velur on 22.11.2016 and the same has also been accepted by the said Court.

In view of the above submission of the learned Additional Public Prosecutor, nothing survives in this contempt petition and the same is accordingly 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.

Sm/CO/28/12/2016