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Madras High CourtCONT P/1285/2024dismissed

Ayyavu, 75 / M v. P.N.Jamuna Devi

2024-04-29Honourable Mr Justice G. Chandrasekharan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2024

CORAM

THE HONOURABLE MR.JUSTICE G.CHANDRASEKHARAN 1.Ayyavu 2.Dhanabakkiam

...Petitioners

Vs.

P.N.Jamuna Devi, The Inspector of Police, Thoppur Police Station, Dharmapuri District.

... Respondent PRAYER: Contempt petition filed under Section 11 and 12 of the Contempt of Courts Act, 1971 praying to punish the respondent for Contempt of Court for intentionally and willfully disobeying the order dated 19.01.2023 by this Court in Writ Petition No.1182 of 2023.

For Petitioner : Mr.C.Emalias For Respondents : Mr.S.Balaji, Government Advocate (Crl. Side)

ORDER

This Contempt Petition is filed to punish the respondent for Contempt of Court for intentionally and willfully disobeying the order dated 19.01.2023 by this Court in Writ Petition No.1182 of 2023.

2.When the matter is taken up, learned Government Advocate (Criminal side) submitted that petitioner and his wife were directed to appear for enquiry on 27.01.2023 at about 10.00 a.m., along with 10 documents. This communication was sent through registered post. Despite that, they have not appeared before the Inspector of Police, Thoppur Police Station, Dharmapuri District for enquiry. Under this circumstance, the non-traceable certificate was not issued.

3.The copies of notice issued under Section 160 and 91 Cr.P.C shows that petitioner and his wife were directed to produce 10 documents and come for enquiry on 27.01.2023 at about 10.00 a.m. This notice was sent to the petitioner and his wife through registered post. The postal receipt is also affixed with the copy of the summons.

4.Learned counsel for the petitioner submits that petitioner has not received the notice.

5.We cannot accept the submission of the learned counsel for the petitioner that petitioner has not received the summons, for the reason that,

notice was sent through registered post.

6.In such circumstances, this Contempt Petition stands dismissed, giving direction to the petitioner to appear before the Inspector of Police, Thoppur Police Station, Dharmapuri District along with the documents required on 10.05.2024 at about 10.00 a.m.

29.04.2024 Index:Yes/No Speaking/Non speaking order gd To The Inspector of Police, Thoppur Police Station, Dharmapuri District.

G.CHANDRASEKHARAN.J., gd Pre-Delivery Order in 29.04.2024