S.Kamaraj Nesamani v. Mr. Arul Selvan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2024 CORAM :

THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE V.SIVAGNANAM S.Kamaraj ... Petitioner/ Defacto Complainant Vs.

Mr.Arulselvan, The Inspector of Police, (Crime), N-1, Royapuram Police Station, Royapuram, Chennai - 600 013.

... Respondent PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, 1971 to punish the respondent for willful disobedience of the order passed in Crl.M.P.No.2468 of 2023 dated 17.03.2023. For Petitioner : Mr.G.Parthasarathy

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The present contempt petition has been filed under Section 10 of the Contempt of Courts Act, 1971 to punish the respondent for wilful disobedience of the orders dated 17.03.2023 passed by the learned XVI Metropolitan Magistrate, George Town, Chennai in Crl.M.P.No.2468 of 2023.

2.

The said order dated 17.03.2023 was issued by the learned Metropolitan Magistrate under Section 156 (3) of Cr.P.C. If at all the said order has not been complied with, the petitioner has to file appropriate petition before the said Magistrate to initiate further action. Contrarily, the contempt petition under Section 10 of the Contempt of Courts Act would not lie. Execution of such orders passed by the Magistrate Court are not amenable to contempt jurisdiction under Section 10 of the Contempt of Courts Act. The scope of Section 10 of the Contempt of Courts Act need not be expanded for the purpose of invoking contempt jurisdiction.

3.

Thus, the contempt petition stands dismissed. [S.M.S., J.] [V.S.G., J.] 04.09.2024 Index :

Yes/No Speaking Order :

Yes/No :

Yes/No veda To The Inspector of Police, (Crime), N-1, Royapuram Police Station, Royapuram, Chennai - 600 013.

S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

veda 04.09.2024