G.Anbalagan v. Ganesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.02.2019

CORAM:

THE HONOURABLE MR. JUSTICE M.S.RAMESH Cont.P.No.2353 of 2018 Mr.G.Anbalagan ... Petitioner Vs.

Mr.Ganesan, The Inspector of Police, Pudhuchathiram Police Station, Salem Main Road, Pudhuchathiram, Namakkal District.

... Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of the Courts Act praying to punish the respondent herein for having disobeyed and violated the order of this Hon'ble Court by failing to implement the order dated 12.02.2018 passed in Crl.O.P.No.4014 of 2018 For Petitioner : Mr.A.Damodaran For Respondent : Mr.B.Arulmozhimaran Government Advocate (Crl. Side)

O R D E R

This Court had earlier closed this Contempt Petition on 16.11.2018. But, the learned counsel for the petitioner brought the matter for some clarifications on 15.02.2019,

under the caption "for being spoken to". The matter was again posted on 22.02.2019 (today), under the same caption.

2. Today, when the matter is called, the learned counsel for the petitioner submitted that the FIR has been registered under Section 107 Cr.P.C., without conducting an enquiry.

3. In my view, if the petitioner is aggrieved against the registration of the complaint or the procedure adopted for registration, it is always open to him to challenge the same in accordance with law. Nevertheless, it cannot be termed as a disobedience of this Court's order and as such, the Contempt Petition stands dismissed. No costs. The earlier order dated 16.11.2018 is clarified accordingly. SD/- ASSISTANT REGISTRAR(COMM.CASES) hvk //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/21/03/2019 To

1. The Inspector of Police, Pudhuchathiram Police Station, Salem Main Road, Pudhuchathiram, Namakkal District.

2. The Public Prosecutor, High Court, Madras.