Meenakshi v. Pandi

IN THE HIGH COURT OF JUDICATURE OF MADRAS

DATED: 06.11.2020

CORAM:

THE HONOURABLE MR. JUSTICE M.S. RAMESH Meenakshi

...Petitioner

Vs Mr.Pandi, The Inspector of Police, Thanipadi Police Station, Tiruvannamalai District.

...Respondent

PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, praying to punish the respondent for the non-compliance of the order passed in Crl.O.P.No.28779 of 2017 dated 10.01.2018. For Petitioner : Mr.M.Mariappan For Respondent : Mrs.V.Sharada Devi Government Advocate (Crl. Side)

ORDER

Heard Mr.M.Mariappan, learned counsel for the petitioner and Mrs.V.Sharada Devi, learned Government Advocate (Crl. Side) appearing for the respondent.

2. The learned Government Advocate (Crl. Side) appearing for the respondent has produced a counter affidavit filed by Mr.D.Pandi, Inspector

of Police, stating that an enquiry was conducted and 3 witnesses were examined, who have deposed that there was no occurrence as alleged by the complainant. It is also stated that though summons were issued to the complainant for enquiry, she had not responded to the summons. Based on the statement of the witnesses, the petitioner's complaint came to be closed on 19.01.2020, observing that the parties have not cooperated for enquiry and also that a civil case is pending in O.S.No.48/2014 before the Chengam Civil Court with regard to the disputed land.

3. In the light of the statements made in the counter affidavit, this Court is of the view that the disobedience alleged by the petitioner cannot be termed as wilful and therefore, the present Contempt Petition stands closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) hvk //Certified to be true copy// Dated at Madras this the day of 2021. 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/05/01/2021 To

1. The Inspector of Police, Thanipadi Police Station, Tiruvannamalai District.

2. The Public Prosecutor, High Court of Madras.