Madras High CourtCONT P/2935/2016closed

Mr.Manokaran v. Rajagam

2016-11-24Honourable Ms. Justice R.Mala2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.11.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Cont.P.No.2935 of 2016 Mr.Manoharan S/o.Lazarus .. Petitioner Vs.

Rajagam Inspector of Police SIPCOT, 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 order of this Court made in Crl.O.P.No.7407 of 2016 dated 05.04.2016.

For Petitioner : K.Nirmal Kumar For Respondent : Mr.M.Mohamed Riyaz Govt. Advocate (Crl. Side)

O R D E R

The petitioner has come forward with this contempt petition stating that the respondent/contemnor had willfully disobeyed the order passed by this Court in Crl.O.P.No.7407 of 2016 dated 05.04.2016.

2.The petitioner has filed Crl.O.P.No.7407 of 2016 seeking for a direction to the respondent herein to https://hcservices.ecourts.gov.in/hcservices/ register the FIR on the complaint given by the petitioner dated 05.10.2015. This Court by an order dated 05.04.2016

had directed the respondent to expedite the enquiry and follow the dictum laid down in Lalitha Kumari case and register a case, if any cognizable offence is made out and had directed the petitioner to appear before the respondent herein on 12.04.2016 with the relevant documents. However, it is seen that even thereafter, the respondent had not registered a case. Hence, after issuance of the contempt notice, the present contempt petition has been filed. 3.Today, when the matter came up for admission, the learned Government Advocate (Crl Side) would submit that in pursuance of the order dated 05.10.2015, a case has been registered in Crime No.338/2016 for offences under Sections 294(b), 506(i) IPC on 17.09.2016. But it would reveal that the case was registered only after issuance of the contempt notice.

4.At this juncture, the learned Government Advocate (Crl Side) would further submit that the respondent/contemnor has also filed a counter affidavit tendering his unconditional apology for implementing the order passed by this Court belatedly.

5.Recording the same, this contempt petition is closed. SD/- JOINT REGISTRAR(OS) pgp //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.

SMI/CO/22/12/2016 https://hcservices.ecourts.gov.in/hcservices/ One CC to M/s.K.Nirmal Kumar, Advocate, SR.15404/2016.