Madras High CourtCONT P(MD)/650/2023closed

A. Vasuki v. Balamurugan,

2023-07-12Honourable Mr Justice K.Murali Shankar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 12.07.2023

CORAM

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Contempt Petition(MD).No.650 of 2023 in A.Vasuki : Petitioner / Petitioner Vs.

Balamurugan, Inspector of Police, (Law and Order), Thallakulam, Madurai - 625 002.

: Contemnor/Respondent PRAYER: Contempt Petition has been filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/5th respondent herein for his willful, deliberate and disobedience of the order passed in Crl.O.P.(MD)No.1149 of 2023, dated 23.01.2023 by this court.

For Petitioner : Mr.G.Kannan For Respondent : Mr.R.Meenakshi Sundaram, Additional Public Prosecutor 1/5

ORDER

The above petition has been filed, invoking contempt jurisdiction of this Court, seeking orders to punish the contemnor/respondent for his willful, deliberate and disobedience of the order passed by this Court in Crl.O.P.(MD)No.1149 of 2023, dated 23.01.2023.

2. The petitioner in Crl.O.P.(MD)No.1149 of 2023 has sought for Police protection to the petitioner to take her belongings from the house situated at No.137, Ranimangammal Street, B.B.Kulam, Madurai and in Crl.O.P(MD) No.1173 of 2023, has sought for direction to forbear the respondents 1 to 3 from proceeding with the counter complaint given by the respondents 4 to 24 as against the complaint of the petitioner in C.S.R.No.1011 of 2022, dated 28.11.2022 on the file of the third respondent Police and that this Court considering the submissions made by the learned counsel for the petitioner as well as the learned Government Advocate (Criminal Side), directed the third respondent to consider the petitioner's compliant, dated 05.01.2023 and pass orders within a period of one month from the date of receipt of copy of this order.

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3. When the matter is taken up for hearing today, the learned Additional Public Prosecutor would submit that in pursuance of the directions of this Court, enquiry was conducted and that despite several intimations, the petitioner has not co-operated for the enquiry and that taking note of the fact that the dispute is of civil in nature, directing the parties to approach the competent Civil Court, the complaint was ordered to be closed as no further action is necessary and that the said order was communicated to the petitioner side. He would further submit that on the basis of the complaint given by one Aprose, F.I.R., came to be registered against the petitioner and another in Crime No.167 of 2023, for the alleged offence under Sections 406, 420, 294(b) and 506(i) IPC. He would further submit that the petitioner had collected more than Rs.62 lakhs from 11 persons and since she has not returned the amount, they have preferred the complaints.

4. It is not in dispute that the petitioner has earlier filed a petition in Crl.O.P.(MD)No.1077 of 2023, seeking orders not to harass and that this Court vide order dated 20.01.2023, recording the submission made by the learned Government Advocate (Criminal Side)that the petitioner after obtaining loan from the private respondents therein, has not repaid the amount, but she has lodged a false complaint, disposed of the same. 3/5

5. The petitioner has subsequently filed another petition in Crl.O.P. (MD)No.2297 of 2023 for the very same relief not to harass, against the police officials and three other private respondents and that this Court vide order dated 06.02.2023, recording the submission made by the learned Government Advocate (Criminal Side), directed the fourth respondent therein to conduct enquiry and take necessary action, disposed of the same. 6.The learned Additional Public Prosecutor would submit that after the registration of FIR, she has already obtained anticipatory bail and surrendered before the learned Judicial Magistrate No.II, Madurai.

7. Considering the facts and circumstances of the case, this Court is of the view that since the contemnor/respondent has already passed the orders in pursuance of the directions of this Court, nothing survives for further adjudication in this petition. Hence, this Contempt Petition is closed. 12.07.2023 NCC :Yes/No Index : Yes/No Internet : Yes/No das 4/5

K.MURALI SHANKAR, J.

das Contempt Petition(MD).No.650 of 2023 in 12.07.2023 5/5