Mrs.R.Gomathy v. Mr.A.Vijayakumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2018

CORAM

THE HONOURABLE MR. JUSTICE M.S. RAMESH CONT.P.No.918 of 2018 R.Gomathy

...Petitioner

Vs A.Vijayakumar Inspector of Police, Keliyanoor Police Station Keliyanoor, Villupuram District.

...Respondent

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 praying to punish the respondent for sheer negligence and willful disobedience of order dated 01.08.2017 of this Court made in Crl.O.P.No.11295 of 2017.

For Petitioner : M/s. Usharamman For Respondent : Mr.B.Arulmozhi Maran Government Advocate (Crl.Side) *****

O R D E R

The prayer sought for in the present petition is to punish the respondent for willful disobedience of order dated 01.08.2017 of this Court made in Crl.O.P.No.11295 of 2017.

2. The order in Crl.OP. No. 11295 of 2017 came to be passed at the instance of one Kaliappan and the petitioner

herein has been arrayed as third respondent in the said Crl.OP. It is the grievance of the petitioner that no opportunity was given to the third respondent when the police protection was granted.

3. The learned counsel for the petitioner submitted that the third respondent/petitioner herein though, was called for an enquiry, had not participated. Even otherwise, the contempt may not be maintainable, since the order was passed at the instance of one Kaliappan and not at the instance of the petitioner herein.

4. In the light of the above observations, I am of the view that there is no willful disobedience on the part of the respondent in respect of the earlier order of this Court dated 01.08.2017.

Accordingly,the contempt petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ak //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.

PS/04/10/2018

To 1.The Inspector of Police, Keliyanoor Police Station Keliyanoor, Villupuram District.

2. The Public Prosecutor, High Court, Madras.