K.Palanisamy v. B.Vijayakumari And 4 Others

SUB APPLICATION (OS)No.402 of 2023 in CONT P SR No.68244 of 2023 G.K.ILANTHIRAIYAN, J.

This application has been filed to accept the cause title in filing the Contempt Petition SR No.68244 of 2023 and to implead all the respondents as contemnors.

2.On perusal of the order passed by this Court in Crl.R.C.No.864 of 2023 that the fourth respondent and the de-facto complainant are the parties. However, now the petitioner seeks permission to accept the cause title impleading the other respondents 1 to 3 herein. 3.Mr.S.R.Rajagopal, learned Senior Counsel appearing for the petitioner would submit that only on the direction issued by the respondents 1 to 3 herein, the fourth and fifth respondents are acting in pursuant to the registration of FIR and they also started investigation, though this Court has passed an interim order not to precipitate the issue in pursuant to the registration of FIR.

4.Per contra, Mr.Babu Muthu Meena, learned Additional Public Prosecutor would submit that in pursuant to the direction issued by the learned Magistrate under Section 156(3) of Cr.P.C., the fourth respondent registered the FIR and called for bank details from the bank and in respect of the educational qualifications as mentioned in the affidavit filed in support of the nomination verified with the educational department. He would further submit that the respondents 1 to 3 are not the Station House Officers and no direction was issued to the fourth respondent for investigation in Crime No.15 of 2023.

5.In view of the above submissions made by the learned counsel on either side, the respondents 1 to 3 herein are hereby deleted and that they are not the necessary parties in this Contempt Petition. 6.Accordingly, this Sub Application is allowed. 7.Registry is directed to number the main contempt petition as against the respondents 4 and 5.

8.Post the matter on 23.06.2023.

16.06.2023 sji Note: Issue order copy on 20.06.2023.

G.K.ILANTHIRAIYAN, J.

sji SUB APPLICATION (OS)No.402 of 2023 in CONT P SR No.68244 of 2023 16.06.2023