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Madras High CourtCONT P/1179/2017dismissed

M.Sathish v. Nazeema

2020-03-03Honourable Mr Justice G.K. Ilanthiraiyan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:03.03.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CONTEMPT PETITION No.1179 of 2017 M.Sathish ... Petitioner Vs 1.Ms.Nazeema, Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai - 600 045.

2.Ms.V.Rekha (2nd respondent impleaded pursuant to the order dated 12.04.2019 of this Court made in Sub Appln.No.181/2019 in Cont.Pn.1179 of 2017).

... Respondents Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the contemnor according to law for deliberately disobeying the order of this Court passed in Crl.O.P.No.7806 of 2017, dated 20.04.2017.

For Petitioners :Mr.Jothiraman For Respondent :Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1 Mr.G.Sumithra for R2

ORDER

This Contempt petition has been filed to to punish the contemnor according to law for deliberately disobeying the order of this Court passed in Crl.O.P.No.7806 of 2017, dated 20.04.2017.

2. The learned counsel appearing for the petitioner submitted that before this Court, the petitioner has filed a petition not to harass the petitioner, in which, this Court recorded the statement of the learned Government Advocate that the presence of the petitioner is no longer required and if the presence of petitioner is required, the respondent will issue summons to him.

3. Recording the submission of the learned Additional Prosecutor, this petition was closed. Against on 10.05 2017 there was a call from the wife of petitioner through 100 phone call. On receipt of the call, the respondent/police went to the petitioner's wife house and at about 22:28:44 hours a call was received from 09789067182, therefore, the respondent police made an enquiry. Thereafter, the second respondent lodged a complaint on 17.05.2019, as against the petitioner/husband, for which she was issued a CSR.No.682 of 2017 and also a preliminary enquiry was conducted.

4. It is also seen that the petitioner filed a divorce petition before the Family Court, which is pending and therefore, there is a dispute between the

petitioner and his wife.

5. Considering the above facts and circumstances of the case, no contempt is made as against the respondent and absolutely there is no wilful disobedience of the orders passed by this Court.

6. Accordingly, this contempt petition is dismissed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ub //Certified to be true copy// Dated at Madras this the day of 2020. 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/26.05.2020 To 1.The Inspector of Police, W-35, All Women Police Station, Tambaram, Chennai - 600 045.

2. The Public Prosecutor, High Court, Madras.