Minor X v. Krishna Kinker
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.03.2023
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH Cont.P.No.1096 of 2021 Minor X Rep. By her Natural Guardian and mother Ms.Shalini No.62, Manakula Vinayagar Kovil Street, Puducherry 605 001 .....Petitioner /Petitioner Vs.
1. Mr.Krishnakinker
2. M.Arabinda Nayak ..Respondents 1-2 / Respondents 2-3
3. M.Manoj Das Gupta The Registrar, Sri Aurobindo Ashram, International Center of Education, Sri Aurobindo Ashram, Pondicherry ..Respondent 3 /Respondent 5 Contempt Petition filed under section 11 of the Contempt of Courts Act, 1971, for their deliberate disobedience and failure to comply with the orders of the Hon'ble High Court in Crl MP
No.458 & 459 of 2021 in Crl OP No.781 of 2021 dated 21.01.2021. For Petitioner :
Mr.V.Chethana for M/s.P.Arumugavel For Respondents :
Mrs.Shreya Narayanan for M/s.Deepika Murali for R1 and R2 Mr.C.Vidhusan for R3
ORDER
This contempt petition was filed on the ground that there was a deliberate disobedience of the interim orders passed by this Court in Crl. MP Nos.458 and 459 of 2021 in Crl OP No.781 of 2021 dated 21.01.2021. During the pendency of this contempt petition, various orders were passed based on the affidavits/ reports filed by the parties. The contempt petition was kept pending before this Court taking into consideration the seriousness of the issue involved and to safeguard the interest of the minors.
2.
When the contempt petition was taken up for hearing today, the learned counsel appearing on behalf of the 3rd respondent submitted that the main criminal original petition
itself was disposed of by this Court by recording a subsequent development, by an order dated 27.09.2022. The order was also placed before this Court.
3.
The learned counsel appearing on behalf of the respondents 1 and 2 submitted that the four children in conflict with law against whom the allegations were made, have already left the 3rd respondent school and transfer certificates have also been issued to them. The learned counsel also brought to the notice of this Court the order passed in the main criminal original petition on 27.09.2022.
4.
The learned counsel for the petitioner submitted that taking advantage of the closure of the criminal original petition, the criminal case has been stalled and there is a good chance that the witnesses will be threatned and there is also a good chance that the four children in conflict with law, who were given the Transfer certificates, may rejoin the 3rd respondent school. Therefore, the learned counsel requested this Court to
keep this contempt petition pending.
5.
In the considered view of this Court, the contempt petition was filed on the ground that there was violation of the interim orders passed by this Court. Due to the subsequent development, where the four children in conflict with law had left the school after taking the transfer certificates, the main original petitions were disposed of by this Court on 27.09.2022. In view of the same, no useful purpose will be served in keeping this contempt petition pending when the main case itself has been disposed of.
6.
The apprehension raised by the learned counsel for the petitioner is that there are chances of the four children in conflict with law rejoining the 3rd respondent school. If any such attempt is made, it is always left open to the petitioner to move an appropriate petition before this Court and seek for redressal. Insofar as the pending criminal case is concerned, if there is any
attempt to stall the proceedings, it is left open to the petitioner to move an appropriate petition before this Court and seek for appropriate directions. Except giving this clarity, no further orders can be passed in this contempt petition. 7.
In view of the above, this contempt petition is closed. 10.03.2023 Internet : Yes/No Index : Yes/No rka To M.Manoj Das Gupta The Registrar, Sri Aurobindo Ashram, International Center of Education, Sri Aurobindo Ashram, Pondicherry
N.ANAND VENKATESH.,J rka Cont.P.No.1096 of 2021 10.03.2023