Padmanabhan v. Veerappan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Cont.P.No.824 of 2019 Padmanabhan

...Petitioner

-VsVeerappan The Inspector of Police Kallavi Police Station Krishnagiri District.

... Respondent Prayer: Petition filed under section 11 of the Contempt of Courts Act, to punish the respondent for willful disobedience of the orders of this Court passed in Crl.O.P.No.27732 of 2017 dated 14.12.2017. For Petitioner : Mr.M.Ravi For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This Contempt Petition has been filed to punish the respondent for willful disobedience of the orders of this Court passed in Crl.O.P.No.27732 1/4

of 2017 dated 14.12.2017.

2. The learned counsel for the petitioner has submitted that this Court has passed an order in Crl.O.P.No.27732 of 2017 dated 14.12.2017 to consider the petitioner's complaint dated 05.12.2017 and dispose of the same in accordance with law, but sofar, the respondent has not disposed of the said complaint and hence, he should be punished for willful disobedience of orders of this Court.

3. This Court by the order dated 01.11.2019 issued statutory notice to the respondent and accordingly, the statutory notice was served on the respondent on 25.11.2019, but thereafter, he did not appear before this Court and hence, this Court by the order dated 24.01.2020 had issued the Bailable Warrant. Today, the respondent appeared in person and submitted that after receipt of the statutory notice, he appeared before this Court on 29.11.2019, but on that date, the matter had not reached and subsequently, he did not know about the listing of the aforesaid case. He further submitted that he already retired from service and therefore, he may be discharged from his petition.

4. The learned Additional Public Prosecutor has submitted that in pursuance of the order passed by this Court in Crl.O.P.No.27732 of 2017 2/4

dated 14.12.2017, the respondent has already conducted a preliminary enquiry on the petitioner's complaint and closed the same on 24.03.2018 itself and therefore, he prayed to close this Contempt Petition.

5. Considering the aforesaid submissions, this Contempt Petition is closed. The Bailable Warrant issued to the respondent is cancelled. The Inspector of Police, Kallavi Police Station, Krishnagiri District is directed to send intimation to the petitioner with regard to the closure of his complaint by RPAD within a week from the receipt of a copy of this order. SD/- ASSISTANT REGISTRAR(COMM.CASES) dna //Certified to be true copy// Dated at Madras this the day of 2020. 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/18.03.2020 To

1. The Inspector of Police Kallavi Police Station Krishnagiri District.

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2. Public Prosecutor, High Court, Madras.

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