E.Durai v. V.Aryamala

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.01.2019

CORAM:

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH Cont.P.No.2536 of 2018 E.Durai .. Petitioner Vs.

Mrs.V.Aryamala, Inspector of Police, (Crime Wing) P-2, Otteri Police Station, Perambur, Chennai-600 002.

.. Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent for willfully disobeying order of this Court dated 03.09.2015 in Crl.O.P.No.22128 of 2015.

For Petitioner : Mr.N.Easwaran For Respondent : Mrs.P.Kritika Kamal, Government Advocate (Crl. Side)

O R D E R

This contempt petition has been preferred seeking to punish the respondent for willfully disobeying the order dated 03.09.2015 passed by this this Hon'ble Court in Crl.O.P.No.22128 of 2015.

In Crl.O.P.No.22128 of 2015, this Court, on 03.09.2015, passed the following order:

"3. The learned Additional Public Prosecutor submitted that based on the complaint lodged by the petitioner, the petition enquiry is pending in C.S.R.No.666 of 2015, before the respondent.

4. Recording the submission of the learned Additional Public Prosecutor, the respondent Police is directed to conduct enquiry and during the course of enquiry, if any cognizable offence is made in a regular case shall be registered, following the decision laid down by the Hon'ble Supreme Court in Lalita Kumari Vs.

Government of Uttarpradesh and Others reported in (2014) 2 SCC 1.

With the above direction, this petition is closed."

Alleging that the police have not complied with the aforesaid order, this contempt petition has been filed by E.Durai, the petitioner in Crl.O.P.No.22128 of 2015. There was no representation for the petitioner on 19.12.2018 and therefore, the case was adjourned to 02.01.2019. On 02.01.2019 also, there was no representation for the petitioner and therefore, the case was adjourned to 08.01.2019. Today also, there is no representation for the petitioner. However, Ms.V.Sreedevi, Sub-Inspector of Police, is present.

On instructions, Mrs.P.Kritika Kamal, learned Government Advocate (Crl.Side) submitted that enquiry was conducted in C.S.R.No.668 of 2015 and the same has been closed on 04.01.2019, on the ground, that the dispute is essentially civil in nature and the parties have been advised to work out their remedies before the Civil Court. A copy of the closure report was submitted to this Court. Recording the same, this contempt petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) nsd //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/23/01/2019 To The Inspector of Police, (Crime Wing) P-2, Otteri Police Station, Perambur, Chennai-600 002.