R.Kishorekumar v. Thiru.P.Kumar Ips

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.01.2023

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN R.Kishorekumar ... Petitioner Vs.

P.Kumar, I.P.S., Deputy Commissioner of Police, Koyembedu District, Greater Chennai Police, No.17, Poonamalle High Road, Maduravoyal, Chennai - 600 095.

... Respondent Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for willfully disobeying the order passed by this Court in Contempt Petition No.1528 of 2022 dated 05.08.2022.

For Petitioner : Mr.M.Vijayakumar For Respondent : Mr.R.Vinoth Raja Government Advocate (Crl. Side)

O R D E R

This Contempt Petition has been filed to punish the respondent for non compliance of the order dated 05.08.2022 passed by this Court in Contempt Petition No.1528 of 2022, thereby directing the respondent to seize the DVD and other materials pertaining to the movie "Mani" forthwith. 2.

The learned Government Advocate appearing for the respondent filed status report before this Court and submitted that one Durairaj lodged complaint as against the petitioner herein alleging that the petitioner and his friend came to his office and stolen the DVD of movie "Mani" on 26.04.2017. On receipt of the said complaint, they registered FIR in Crime No.1339 of 2017 for the offence under Section 380 of IPC. After completion of investigation, they filed final report and the same has been taken cognizance in C.C.No.2214 of 2019 and it is pending for trial. Further submitted that the efforts are being taken to trace the DVD and, if the DVD is seized out, it will be produced before trial Court.

3.

The petitioner suppressed the above said fact and filed the contempt petition. That apart, on the complaint lodged by the petitioner as against the said Durairaj, enquiry has been completed and filed charge sheet in C.C.No.840 of 2020 and the same has been pending for trial. 4.

Considering above facts and circumstances, no contempt is made out as against the respondent and the Contempt Petition is dismissed. 12.01.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order rts

G.K.ILANTHIRAIYAN, J.

rts To

1. The Deputy Commissioner of Police, Koyembedu District, Greater Chennai Police, No.17, Poonamalle High Road, Maduravoyal, Chennai - 600 095

2. The Public Prosecutor, Madras High Court, Chennai.

12.01.2023