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Madras High CourtCONT P/615/2020closed

M.Kasthuri v. M.Radhakrishnan

2020-09-25Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 25.09.2020

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH M.Kasthuri

...Petitioner

Vs

1. Mr.Radhakrishnan, The Assistant Commissioner of Police, 1st Floor, 2nd Avenue, Ashok Nagar, Chennai - 600083.

2. Mr.Ashok Kumar, T.P.s The Deputy Commissioner of Police, R1, Mambalam Police Station, T.Nagar, Chennai - 600017.

...Respondents

PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, praying to punish the respondents herein for wilfully violating the orders of this Court in Crl.O.P.No.26295 of 2019 dated 13.11.2019.

For Petitioner : Mr.L.K.Charles Alexander for Mr.A.Ilayaperumal For Respondents : Mrs.V.Sharatha Devi Government Advocate (Crl. side)

ORDER

Today, the matter is called through Video Conferencing. By consent of both the parties, the Contempt Petition is taken up for final disposal.

2. In my earlier order dated 13.11.2019 passed in Crl.O.P.No.26295 of 2019, I had set aside the closure report on the petitioner's complaint and directed the Assistant Commissioner of Police, Ashok Nagar Police Station to enquire the complaint again.

3. The averments in the present contempt petition is to the effect that no such enquiry was conducted and therefore, the Assistant Commissioner had violated the orders of this Court. Such averments have been made in the affidavit dated 01.06.2020 filed in support of this petition.

4. As per the directions of this Court, the Assistant Commissioner of Police, Ashok Nagar has filed a status report dated 23.09.2020, in which it is stated that pursuant to the orders of this Court, the complaint of the petitioner was enquired by summoning both the parties on 16.09.2020.

During the course of enquiry, the petitioner and the counter petitioner had stated that their dispute is pending in a Civil Suit in O.S.No.1576 of 2018 and that both of them will sort out their dispute before the Civil Court. The petitioner had also stated that she is not pressing the criminal complaint. In view of the statements made, the petitioner's complaint was closed and a closure report was served on the petitioner through an affixture on 19.09.2020.

5. In view of the subsequent developments, pursuant to the contempt petition, I do not find any disobedience on the part of the Assistant Commissioner of Police, which could be termed to be wilful. Accordingly the present Contempt Petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) hvk //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/29.10.2020 To

1. The Assistant Commissioner of Police, 1st Floor, 2nd Avenue, Ashok Nagar, Chennai - 600083.

2. The Deputy Commissioner of Police, R1, Mambalam Police Station, T.Nagar, Chennai - 600017.

3. The Public Prosecutor, High Court of Madras.