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Madras High CourtCONT P/1837/2022closed

R.Somasundaram v. Mr. N.S.Lingasamy

2023-01-06Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.01.2023

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.1837 of 2022 in Crl.OP.No.3285 of 2021 R.Somasundaram S/o.Ramasamy Gounder 61, Nalliyankadu, Selvam Nagar Kumalankuttai Erode District 638 011.

..Petitioner/Petitioner vs.

Mr.N.S.Lingasamy The Sub Inspector of Police Erode North Police Station Erode District.

..Respondent/Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent herein for the willful disobedience of the orders of this Court passed in Crl.OP.No.3285 of 2021 dated 18.02.2021. For Petitioner : Mr.S.Thirukkumaran For Respondent : Mr.VR.Vinoth Raja Government Advocate (Crl.side)

ORDER

This Contempt Petition was filed on the ground that the direction issued by this Court in Crl.OP.No.3285 of 2021, dated 18.02.2021, was not complied with.

2.When the matter came up for hearing on 12.02.2022, the learned Government Advocate (Crl.side) took time to take instructions and to report compliance.

3.When the matter was taken up for hearing today, the learned Government Advocate (Crl.side) submitted that the FIR was registered and the investigation was done and closure report was also filed before the Judicial Magistrate No.I, Erode on 30.02.2022, as 'mistake of fact'. The relevant documents were also placed before this Court. 4.The learned counsel for the petitioner submitted that the RCS notice was served on the petitioner only during December 2022 and that the petitioner was not aware about the referred charge sheet filed by the respondent police.

5.In the considered view of this Court, RCS notice has been served on the petitioner. If the petitioner is aggrieved by the same, it is left open to the petitioner to workout his remedy before the concerned Court by filing a protest petition and proceed further in accordance with law. 4.This contempt petition is closed by giving the above liberty to the petitioner.

06.01.2023 Internet : Yes/No KP To Mr.N.S.Lingasamy The Sub Inspector of Police Erode North Police Station Erode District.

N. ANAND VENKATESH, J.

KP Contempt Petition No.1837 of 2022 in Crl.OP.No.3285 of 2021 06.01.2022