M.Vellaisamy v. Manoharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.04.2019
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH CONTEMPT PETITION No.464 of 2019 M.Vellaisamy, S/o.Late Muthusamy, 1/22, Unaiyur Post, Kannukuzhi village, Marungapuri Taluk, Trichy-622 102.
.. Petitioner Vs.
Manoharan, The Inspector of Police, Paramathi Velur Police Station, Namakkal District.
(Crime No.613 of 2018) .. Respondent PRAYER: Contempt Petition has been filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent for his willful disobedience of the order made in Crl.O.P.No.306 of 2019, dated 07.01.2019.
For Petitioner : Ms.R.Jeevitha For Respondent : Ms.M.Prabhavathi Additional Public Prosecutor
O R D E R
This petition has been filed to punish the respondent for his willful disobedience of the order made in Crl.O.P.No.306 of 2019, dated 07.01.2019.
2. The respondent police has filed a counter affidavit before this Court.
3. Para 11 of the counter affidavit is extracted hereunder:
"I submit that based on the above said order, the respondent police has conducted investigation of this case in a fair, free and impartial manner in accordance with law. During the course of investigation, the petitioner/defacto complainant did not turned up for investigation. After conducting due investigation, the Inspector of Police, Paramathi Circle closed the FIR in Crime No.613 of 2018 as "Mistake of Fact" and served R.C.S Notice to the petitioner.
4. In view of the above, no further orders can be passed in this petition and liberty is granted to the petitioner to file a protest petition and workout his remedy in accordance with law.
5. Accordingly, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ub //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
ss/25/04/2019 To
1. The Inspector of Police, Paramathi Velur Police Station, Namakkal District.
2.The Public Prosecutor, Madras High Court.