Madras High CourtCONT P/2343/2016closed

V.Palanivelu, v. Abdul Azeez,

2016-10-25Honourable Ms. Justice R.Mala3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Cont.P.No.2343 of 2016 V.Palanivelu .. Petitioner Vs.

Abdul Azeez, Inspector of Police (Crime-Incharge) District Crime Branch, Office of the Superintendent of Police, Nagapattinam 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 order passed by this Court in Crl.O.P.No.1911 of 2016 dated 08.02.2016.

For Petitioner : Mr.K.Shanmugam 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.1911 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 15.12.2015. This Court, by order dated 08.02.2016, directed the third 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 third 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, has filed the present contempt petition.

4.Today, the respondent/contemnor is present and filed counter affidavit, stating that in obedience of the order passed by this Court dated 08.02.2016, enquiry has been conducted and closed as civil in nature and the closure report has been furnished to the petitioner today. He also tendered his unconditional apology for the delay in implementing the order of this Court dated 08.02.2016

5. Recording the above submission, this contempt petition is closed.

Sd/- JOINT REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2017. 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/19/12/2016 To 1.Abdul Azeez, Inspector of Police (Crime-Incharge) District Crime Branch, Office of the Superintendent of Police, Nagapattinam District 2.The Public Prosecutor, High Court, Madras.

One CC to Mr.K.Shanmugam,Advocate Sr.No.14020/16.