Krishnaveni, v. Dowlath Nisha,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.11.2024

CORAM

THE HON'BLE MR. JUSTICE P.VELMURUGAN Krishnaveni ... Petitioner Vs.

Dowlath Nisha, The Inspector of Police, 1, Kattur Police Station, Coimbatore-12.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondent for wilful disobedience of the order of this Court dated 24.08.2022 passed in W.P.No.1041 of 2021. For Petitioner : Mr.S.Haja Mohideen Gisthi For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side)

O R D E R

This Contempt Petition has been filed to punish the respondent for wilful disobedience of the order of this Court dated 24.08.2022

passed in W.P.No.1041 of 2021.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side) appearing for the official respondent and perused the materials available on record.

3. Earlier, the petitioner has filed petition in W.P.No.1041 of 2021 to quash the proceedings initiated by the respondent police under Section 145 Cr.P.C.,. However, the same was quashed vide order of this Court dated 28.04.2022. Now the petitioner has stated that the respondent forcibly taken over the possession and handed over the same to the other private respondents in W.P.No.1041 of 2021.

4. On a perusal of the records, it is seen that this Court has quashed the proceedings of the respondent vide order dated 28.04.2022 itself. After two years from the date of the said order, now the petitioner has stated that the respondent has forcibly taken her possession. The said fact is not in continuance of 145 Cr.P.C., proceedings passed by the respondent. Hence the contempt of court does not lie.

5. In view of the same, the Contempt Petition is closed. However, the petitioner is at liberty to work out her remedy with regard to her possession in the manner known to law.

13.11.2024 mfa Index:Yes/No Speaking Order: Yes/No

P.VELMURUGAN, J.

mfa 13.11.2024