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Madras High CourtCONT P/2219/2022closed

D.Roopavathi v. S.Elumalai

2022-10-20Honourable Mr Justice N. Sathish Kumar2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.10.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Cont.P.No.2219 of 2022 D.Roopavathi ... Petitioner Vs.

S.Elumalai, The Inspector of Polcie, C-1 Uthukottai Police Station, Uthukottai, Thiruvallur District.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 and Rule 4 of the Contempt of Court Rules of the Madras High Court, 1975, to punish the respondent for wilful disobedience of the order, dated 14.06.2022 passed by this Court in Crl.O.P.No.2271 of 2022.

For Petitioner :Mr.S.S.Swaminathan For Respondent : Mr.J.Subbiah, Government Advocate (Crl. Side)

O R D E R

This Contempt Petition has been filed to punish the respondent for wilful disobedience of the order, dated 14.06.2022 passed by this Court in Crl.O.P.No.2271 of 2022.

https://www.mhc.tn.gov.in/judis

N.SATHISH KUMAR,J.

vum

2. The learned Government Advocate (Crl. Side) on instruction, would submit that FIR has been registered on 31.12.2021 for the offences under Sections 305 and 115 of I.P.C.,

3. The learned counsel for the petitioner would submit that though Fir has been registered on the complaint, the offences under Sections 420 and 403 of I.P.C., has not been included in the FIR. Hence, this Contempt Petition.

4. This Court is of the view that non inclusion of Sections of law may not be a ground to initiate Contempt proceedings. It is for the Investigating Officer to investigate the matter and file final report if the case is made out. Therefore, this Contempt petition is closed. 20.10.2022 Index: Yes/No Speaking order/Non speaking order vum Cont.

P.No.2219 of 2022 https://www.mhc.tn.gov.in/judis