← Library
Madras High CourtCONT P/2130/2019closed

M.Gagan Bothra v. Ponraj

2021-01-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.01.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.2130 of 2019 M.Gagan Bothra ..Petitioner vs.

Thiru. Ponraj, The Inspector of Police, Kilpauk Police Station, Chennai 600 010 Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent herein for contempt of court for disobeying the order dated 13.08.2019 passed by this Court in Crl.OP No.21693 of 2019. For Petitioner : Mr.M.Gagan Bothra For Respondent : Mr.C.Raghavan Government Advocate

ORDER

This Court has passed the following order on 06.11.2020:- The learned Government Advocate appearing on behalf of the respondent submitted that the accused person had

approached the Hon'ble Supreme Court and filed a Special Leave Petition and an order was also passed on 15.06.2020, directing the accused person to deposit some amount and accordingly, the accused person has also deposited the amount.

2. The petitioner appearing in person submitted that till date, the Special Leave Petition has not even been numbered and no stay has been granted by the Hon'ble Supreme Court and only based on the deposit of amount made by the accused person, the Police cannot refuse to execute the Non-Bailable Warrant.

3. The learned Government Advocate seeks time to take instructions in order to ascertain whether the conviction and sentence passed against the accused person has been stayed by the Hon'ble Supreme Court.

4. Post this case on 04.12.2020 ''for reporting compliance''.

2.

Mr.T.Mohan, learned counsel appearing on behalf of the accused person viz., P.Mani, brought to the notice of this Court the order passed by the Hon'ble Supreme Court on 23.11.2020. The Hon'ble

Supreme Court after taking into consideration the fact that the accused person had deposited 50% of the amount, had exempted the said P.Mani from surrendering, pending consideration of the special leave petition before the Hon'ble Supreme Court.

3.

In view of the above development, nothing survives for adjudication in this contempt petition and accordingly, the same is closed.

29.01.2021 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order rka To 1.Thiru. Ponraj, The Inspector of Police, Kilpauk Police Station, Chennai 600 010

2. The Public Prosecutor, High Court, Madras.

N. ANAND VENKATESH, J.

rka Contempt Petition No.2130 of 2020 29.01.2021