Madras High CourtCONT P/1962/2023closed

G.Anandha Babu v. Kavitha

2023-11-07Honourable Mr Justice S.S. Sundar,Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2023 CORAM :

THE HON'BLE MR. JUSTICE S.S.SUNDAR AND THE HON'BLE MR.JUSTICE SUNDER MOHAN Contempt Petition No.1962 of 2023 G.Anandha Babu ..

Petitioner v.

Mrs.Kavitha The Station House Officer Thiruppapuliyur Police Station Cuddalore 607 002 ..

Respondent Contempt Petition filed under Section 10 of the Contempt of Courts Act, 1971 seeking to punish the respondent for willful disobedience of the order made in C.M.P.No.9667 of 2022 dated 12.09.2022 passed by the learned Judicial Magistrate No.III at Cuddalore. For Petitioner ::

Mr.G.Pugazhenthi For Respondent ::

Mr.E.Raj Thilak Additional Public Prosecutor assisted by Mr.C.Aravind, Advocate

ORDER

(Order of the Court was made by S.S.SUNDAR,J.) This contempt petition is filed alleging willful disobedience of the order passed by the learned Judicial Magistrate No.III, Cuddalore in C.M.P.No.9667 of 2022 dated 12.09.2022.

2. The petitioner has referred to the occurrence on 04.01.2022, wherein one Prabala Chandraraj, S/o Chitti Babu and his henchmen had trespassed into the property of the petitioner and caused damage to the compound wall after threatening the security guards engaged by the petitioner. It is his further case that the said occurrence dated 04.01.2022 was informed to the petitioner and on 08.01.2022, he lodged a complaint. He also referred to another occurrence on 11.01.2022, which is also similar to the occurrence dated 04.01.2022.

3. In the affidavit filed in support of the contempt petition, the petitioner refers to the C.M.P.No.9667 of 2022. Neither the affidavit nor the order in C.M.P.No.9667 of 2022 refers to the date of occurrence alleged by

the petitioner. Earlier, this Court closed another contempt petition filed by the same petitioner, recording the fact that First Information Report has been registered. Since the petitioner has failed to furnish the particulars/details connecting the date of occurrence and the direction issued by the learned Judicial Magistrate No.III, Cuddalore in C.M.P.No.9667 of 2022, this Court is unable to entertain the contempt petition. However, we direct the respondent police to conduct a preliminary enquiry and take further action in accordance with law. With this direction, the contempt petition stands closed.

Index : yes/no (S.S.S.R.,J.) (S.M.,J.) 07.11.2023 ss

S.S.SUNDAR,J.

AND SUNDER MOHAN,J.

ss 07.11.2023