Madras High CourtCONT P/996/2021closed

R. Kuselan v. Selvakumar

2021-08-23Honourable Mr Justice M.S. Ramesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.08.2021

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Contempt Petition No.996 of 2021 R. Kuselan, 13C, Kirubai Illam, Palaniyappa Nagar, Second Street, Madavaram, Chennai 60 ... Petitioner

Versus

Mr. Selvakumar, Inspector of Police, V7, Nolambur Police Station, Chennai City.

... Respondent (Crime No.80 of 2019) PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, praying to punish the respondent for wilful disobedience of the order passed by this Hon'ble Court in Crl.OP.No.27458 of 2019, dated 16.10.2019.

For Petitioner : M/s. R. Sripriya For Respondents : Mr.L. Baskaran, Government Advocate (Crl.side)

ORDER

This Writ Petition has been filed by the petitioner seeking a direction to punish the respondent for wilful disobedience of the order passed by this Court in Crl.OP.No.27458 of 2019, dated 16.10.2019. 1/3

2.The learned Government Advocate (crl.side) would submit that the present respondent/police had joined duty only on 30.09.2020 and the Inspector of Police, during the relevant point of time for the purpose of complying the orders of this Court passed in Crl.O.P.No.27458 of 2019, was his predecessor. Even otherwise, he would submit that the petitioner's complaint was investigated and closed on 28.08.2020, as such, this Court is of the view that disobedience alleged may not be termed as wilful in nature. 3.However, this Court grants liberty to the petitioner to workout his remedy in accordance with law, in the interest of justice. At this juncture, the learned counsel for the petitioner would submit that the copy of the closure report has not been served to the petitioner. 4.Mr. G. Selvakumar, Inspector of Police (Law & Order), V.

7, Nolambur Police Station, Chennai - 37, who appears in person before this Court, undertakes to serve the copy of the closure report to the petitioner. 5.Recording the above submissions, the Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) klt //Certified to be true copy// Dated at Madras this the day of 2022. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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GS/03/03/2022 To

1. The Inspector of Police, V7, Nolambur Police Station, Crime No.80 of 2019 Chennai City.

2. The Public Prosecutor, High Court, Madras 3/3