Madras High CourtCONT P/2813/2016dismissed

A.Palaniammal v. Mr.Kandavel

2016-11-29Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 29.11.2016

CORAM

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Contempt Petition No.2813 of 2016 A.Palaniammal ... Petitioner Vs Kandavel, The Inspector of Police, Karipatti Police Station, Karipatti, Salem District.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondent police for the act of contempt by neglecting to comply with the order made in Crl.O.P.No.17680 of 2015 dated 16.07.2015. For Petitioner : Mr.A.Nagarathinam For Respondent : Mr.C.Emalias, APP

O R D E R

This petition has been filed alleging that the order of this Court dated 16.07.2015 made in Crl.O.P.No.17680 of 2015 has not been complied with.

2. Today, Mr.S.Kanthavel, Inspector of Police, Morappur Police Station, Dharmapuri District is present before this Court.

3. On 16.07.2015, this Court passed the following order in Crl.OP.No.17680 of 2015:

"... 3. It is seen that the complaint sent by post has been returned with an endorsement "refused".

Under such circumstances, the petitioner is directed to go in person and give a fresh compliant to the jurisdictional police and on such complaint being given, the same shall be enquired into in accordance with law, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari Vs. Government of Uttarpradesh and Others reported in [2014]2 SCC 1. With the above direction, this Criminal Original Petition is closed."

4. A reading of the above order, clearly shows, that this Court had directed the petitioner, to go in person and lodge a fresh complaint before the jurisdictional police. Whereas, the petitioner has lodged a complaint dated 18.08.2015 before the Deputy Inspector General of Police and has filed the present Contempt Petition. Therefore, the petitioner has not made out any case for issuance of statutory notice to the police and this Contempt Petition stands dismissed.

SD/- JOINT REGISTRAR(OS) gya //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. SM/22/12/2016

To 1.The Inspector of Police, Karipatti Police Station, Karipatti, Salem District.

2.The Public Prosecutor, High Court, Madras.

One CC to M/s.A.Nagarathinam, Advocate SR.15754/16