Madras High CourtCONT P/1285/2019closed

R.Maruthachalam v. Sivakumar

2019-08-08Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.08.2019

CORAM:

THE HON'BLE MR.JUSTICE N.ANAND VENKATESH Cont.P.No.1285 of 2019 1.R.Maruthachalam 2.R.Visalakshi 3.Sanjevee 4.Saravanan 5.Amsaveni ... Petitioners -vs1.Sivakumar The Inspector of Police, District Crime Branch, Erode District.

2.K.P. Saravanan ... Respondents Prayer: This petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondents for wilful disobedience of the order passed by this Court in Crl.M.P.No.9394 of 2019 in Crl.O.P.No.18538 of 2019 dated 16.07.2019.

For Petitioners : Mr.R.Jayaprakash For Respondent : M.Mohamed Riyaz Addl. Public Prosecutor for R1

ORDER

This Contempt Petition has been filed seeking a direction to punish the respondents for wilful disobedience of the order passed by this Court in Crl.M.P.No.9394 of 2019 in Crl.O.P.No.18538 of 2019 dated 16.07.2019. 2.The respondent police has filed a counter affidavit in this Contempt Petition. The relevant portion in the counter affidavit is extracted hereunder:

"7.I further submit meanwhile A1 to A5 filed this present contempt petition against me and the defacto complainant, alleging that in para No.5 is totally false, frivolous and mischievous allegations, whereas the fact is that during the course of enquiry conducted by me on 06.07.2019 as stated supra in para No.4 and 5. In the enquiry held on 06.07.2019, since the date for execution of documents and appointment for the registration was fixed on 17.07.2019 was communicated to me. Further the stay order dated 16.07.2019 was received by me only on 19.07.2019 through A1 to A5's Advocate notice letter dated 17.07.2019 by post.

8.I further submit that as soon as I came to know that stay granted for 8 weeks by this Court by its order dated 16.07.2019, I never proceed further investigation of this case."

3.In view of the above stand taken by the respondent police, no further orders are required to be passed in this Contempt Petition. Accordingly, this Contempt Petition is closed .

SD/- ASSISTANT REGISTRAR(COMM.CASES) pnn //Certified to be true copy// Dated at Madras this the day of 2019. 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/30/08/2019 To The Inspector of Police, District Crime Branch, Erode District.