M. Chezhieyan v. Mr.M.Jeyachandran
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.08.2016
CORAM
THE HONOURABLE MR. JUSTICE R.SUBBIAH Contempt Petition No.576 of 2016 M.Chezhieyan ... Petitioner vs.
M.Jeyachandran, The Inspector of Police, K.4, Police Station, Anna Nagar, Chennai-40.
... Respondent Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for wilful disobedience of the order of this Court dated 17.11.2015 made in Crl.O.P.No.27771 of 2015. For Petitioner : Mr.G.Rajan For Respondent :
Mr.P.Govindarajan, Addl. Public Prosecutor.
ORDER
This Court, by an order dated 17.11.2015 in Crl.O.P.No. 27771 of 2015, directed the respondent herein to conduct enquiry on the complaints of the petitioner dated 21.10.2015 and 4.11.2015 in CSR Nos.492 and 530 of 2015 respectively and upon enquiry, if materials are gathered indicating commission of any cognizable offence, he was directed to proceed further in accordance with law, as early as possible. Alleging that the said order has not
been complied with, the present contempt petition has been filed.
2. Today, when the matter was taken up for consideration, the respondent filed a status report, wherein it has been stated that on receipt of the complaint dated 21.10.2015 from the petitioner as against one Zakir Hussain, Moideen and 30 others alleging that the above said persons unlawfully entered into his house / shop premises, CSR number has been assigned as CSR No.492 of 2015 and the same was taken up for enquiry. The enquiry revealed that two persons have claimed ownership for the property in dispute. In order to avoid law and order situation, a case in K.4 Anna Nagar P.S. Crime No.676 of 2015 under Section 145 Cr.P.C. was registered and the same was submitted to the jurisdictional Tahsildar for further proceedings and the same is pending. Thereafter, the said CSR No.492 of 2015 was converted as FIR and based on that, a case in K.
4 Anna Nagar P.S. Crime No.677 of 2015 was registered under Sections 143, 448 and 506(ii) I.P.C. and the same is under investigation. Again, on 4.11.2015, the petitioner lodged a complaint as against the said Zakir Hussain and Moideen alleging that they unlawfully attempted to enter into his shop and when the same was questioned, they had used filthy language against his family members. Based on the said complaint, CSR No.530 of 2015 was issued and the same was taken up for enquiry.
that the matter is purely civil in nature and hence, the respondent closed the said CSR by advising the parties to approach the competent civil Court. Thus, the order of this Court has been duly complied with.
3. Since the order of this Court has been complied with, I am of the opinion, nothing survives in this contempt petition for adjudication. Hence, recording the said statement made in the status report filed by the respondent, the contempt petition is closed.
sbi 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.
DP/CO/02/09/2016 One CC to M/s.G.Rajan, Advocate, SR.10322/2016