Madras High CourtCONT P/2540/2016closed

M.Loganathan, v. Govindaraj,

2016-10-25Honourable Ms. Justice R.Mala4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Cont.P.No.2540 of 2016 M.Loganathan .. Petitioner Vs.

Govindaraj, The Inspector of Police, E-8, Kelambakkam Police Station, Kanchipuram 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 orders passed by this Court in Crl.O.P.No.9154 of 2016 dated 28.04.2016.

For Petitioner : Mr.J.B.Solomon Peter 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.9154 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 07.04.2016. This Court, by order dated 28.04.2016, directed the second 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 second 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 28.04.2016, a case in Crime No.673 of 2016 has been registered for the offences under Sections 147, 341, 294(b), 447 and 506 (i) IPC on 20.10.2016. He also tendered his unconditional apology for the delay in implementing the order of this Court dated 28.04.2016.

5.In pursuant to the order passed by this Court dated 28.04.2016, since the respondent has registered a case in Crime No.673 of 2016 on 20.10.2016, this Contempt Petition is 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.

SS/CO/25/10/2016

To 1)Govindaraj, The Inspector of Police, E-8, Kelambakkam Police Station, Kanchipuram District.

2) The Public Prosecutor, High Court Madras -104