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Madras High CourtCONT P/2555/2016closed

S.Velu @ Vinoth Kumar, v. Mr.Ezhumalai,

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.2555 of 2016 S.Velu @ Vinoth Kumar .. Petitioner Vs.

Mr.Ezhumalai Inspector of Police, Latheri Police Station, Vellore 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.2621 of 2016 dated 05.02.2016.

For Petitioner : Mr.K.V.Sajeev Kumar 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.2621 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 19.01.2016. This Court, by order dated 05.02.2016, directed the 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 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 05.02.2016, a case in Crime No.319 of 2016 has been registered for the offences under Sections 147, 427 and 506 (ii) IPC on 27.08.2016. He also tendered his unconditional apology for the delay in implementing the order of this Court dated 05.02.2016. 5.In pursuant to the order passed by this Court dated 05.02.2016, since the respondent has registered a case in

Crime No.319 of 2016 on 27.08.2016, 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/20/12/2016 To 1)Mr.Ezhumalai Inspector of Police, Latheri Police Station, Vellore District 2)The Public Prosecutor, High Court, Madras - 104.

One CC to Mr.K.V.Sanjeev Kumar, Advocate, SR.13842/16