Madras High CourtCONT P/2587/2024closed

S.M.Kamaluddin v. Mr. Prabhu

2024-09-06Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.09.2024

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.2587 of 2024 in Crl.OP.No.5005 of 2024 S.M.Kamaluddin .. Petitioner vs.

Mr.Prabhu The Inspector of Police J-9, Thoraipakkam Police Station Thoraipakkam Chennai 600 097.

.. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for his willful disobedience in not complying with the order dated 04.03.2024 passed by this Court in Crl.OP.No.5005 of 2024 For Petitioner : Mr.S.M.Kamaluddin For Respondent : Mr.V.J.Priyadarsana Government Advocate (Crl.Side)

ORDER

The contempt petition was filed on the ground that the order passed by this Court in Crl.OP.No.5005 of 2024 dated 05.03.2024, was not complied with.

2.When the matter was taken up for hearing, the affidavit of the respondent was filed. The relevant portion is extracted hereunder: 11.I respectfully submit that as per the order of this Hon'ble Court in Crl.OP.No.5005 & 5465 of 2024 dated 04.03.2024, the respondent police called both the petitioner and counter petitioner for enquiry. But both the parties did not appeared for enquiry and did not co-operate the enquiry. The C.S.R No.212 of 2024 petition is given by the petitioner wife and C.S.R.No.223 of 2024 is given by petitioner against wife. So, the then Inspector closed the two C.SR.No.212 of 2024 and C.S.R.No.223 of 2024 on 14.03.2024.

3.The learned counsel for the petitioner submitted that the petitioner was never called for an enquiry and the complaint has been closed in a hasty manner. 4.In the considered view of this Court, the respondent police has chosen to close the complaint. Therefore, if the petitioner is aggrieved, it is left open to the petitioner to independently agitate his grievance by filing an appropriate application before the learned Magistrate. Except giving this clarity, no further orders can be passed in this contempt petition.

5.Accordingly, this contempt petition is closed. 06.09.2024 Internet:Yes Index: Yes/No Speaking Order/Non-Speaking Order KP

To Mr.Prabhu The Inspector of Police J-9, Thoraipakkam Police Station Thoraipakkam Chennai 600 097.

N. ANAND VENKATESH, J.

KP Contempt Petition No.2587 of 2024 in Crl.OP.No.5005 of 2024 06.09.2024