K.M.Akbar Ali, v. Azhagar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE PARESH UPADHYAY and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR K.M.Akbar Ali .. Petitioner/A-14 Vs 1.Azhagar Inspector of Police, 2.Manikandeswaran, Sub-Inspector of Police, 3.Mahalingam, 4.Muniyasamy, 5.Chezhiyan 6.Marimuthu, Head Constable, 1/4

7.Sundar Police Constable, 8.Rameshkumar, Police Constable, 9.Marudhupandian, Police Constable, 10.Ramesh Police Constable, 11.Rajeshkannan Police Constable, .. Respondents Petition filed under Section 11 of the Contempt of Courts Act, 1971 to punish the contemnors/ respondents herein for their wilful disobedience of the order passed by the Hon'ble Supreme Court in Crl.A.No.1277 of 2014 dated 02.07.2014 (Arnesh Kumar v. State of Bihar and another).

For Petitioner :

Mr.S.Siva Ilayaraja For Respondents :

Mr.J.Ashok Additional Government Pleader

ORDER

(Made by PARESH UPADHYAY,J.) 1.

The petitioner has prayed for initiation of contempt proceedings against 11 police officers for alleged breach of the general direction of the Supreme Court of India in the case of Arnesh Kumar v. State of Bihar reported in (2014) 8 SCC 273. 2/4

2.

Grievance is made with regard to discrepancy of few hours in the date and time of arrest and disclosure of the name of the petitioner as an accused, since he was not named in F.I.R. 3.

We have considered the material on record, including the remand application, order passed thereon, subsequent arrest and date of grant of bail to him. We find that, even if the petitioner has grievance qua the discrepancy of few hours in the date of arrest and date of producing him before Magistrate, the remedies are not initiation of contempt proceedings. Though reliance is placed on the decision of the Delhi High Court in the case of Ajay Kumar Pipania v. Shadan Farasat in Cont.CAS(C) 480/2020 & CM APPL.25054/2020, we find that, on facts it will not take the case of the petitioner any further.

4.

This Contempt Petition is dismissed.

Sd/- Assistant Registrar (Crl side) // True Copy // / /2022 Sub Assistant Registrar(CS) sj/15 To 1.Azhagar Inspector of Police, 2.Manikandeswaran, Sub-Inspector of Police, 3.Mahalingam, 4.Muniyasamy, 3/4

5.Chezhiyan 6.Marimuthu, Head Constable, 7.Sundar Police Constable, 8.Rameshkumar, Police Constable, 9.Marudhupandian, Police Constable, 10.Ramesh Police Constable, 11.Rajeshkannan Police Constable, +1 CC to M/s.S. SIVA ILAYARAJA, Advocate ( SR-20249[F] dated 21/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-20714[F] dated 22/04/2022 ) Cont.P.(MD) No. 637 of 2022 21.04.2022 RK(02/05/2022) 4P 14C 4/4