Jothi v. Ramesh Kumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.07.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR in Crl.O.P.(MD)No.1769 of 2023 K.Jothi ... Petitioner/ Petitioner vs.

Ramesh Kumar Inspector of Police, Bodi Town Police Station, Bodi, Theni District.

... Contemnor/ 2nd respondent PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the contemnor/respondent for the deliberate and willful disobedience of the order dated 31.01.2023 of this Court made in Crl.O.P.(MD)No.1769 of 2023.

For Petitioner : Mr.M.Jerin Mathew For Contemnor : Mr.K.Sanjai Gandhi Government Advocate (Crl. Side)

O R D E R

This Contempt Petition has been filed to punish the contemnor/ second respondent for the deliberate and willful disobedience of the order of this Court made in Crl.O.P.(MD)No.1769 of 2023 dated 31.01.2023.

2. It is seen from the records that this Court in Crl.O.P.(MD)No. 1769 of 2023 vide order dated 31.01.2023 directed the contemnor/second respondent therein to take necessary steps to serve summons to the pending case in M.C.No.77 of 2023. The petitioner, by alleging willful disobedience of that order, has filed the present contempt petition.

3. When the matter was taken up for hearing on 09.06.2023, the contemnor has filed a report stating that the respondent police has received summons from the Revenue Divisional Officer, Uthamapalayam on 06.06.2023 and after that, they have been searching for the whereabouts of the petitioner and that the respondent police came to know that a case came to be registered against the petitioner in Crime No.19 of 2023 under the provisions of NDPS Act on the file of Selvapuram Police Station, Coimbatore City and the said police personnel has also been searching for the whereabouts of the petitioner.

4. The learned Government Advocate (Criminal Side) appearing for the contemnor would submit that the efforts of the respondent police to serve summons were of no avail.

5. Since this Court has directed the contemnor to take necessary steps to serve summons to be issued by the Revenue Divisional Officer, Uthamapalayam to the pending case in M.C.No.77 of 2023, the question of willful disobedience of the said order does not arise at all. Hence, this Contempt Petition stands dismissed.

10.07.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No csm To 1.The Inspector of Police, Bodi Town Police Station, Bodi, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

K.MURALI SHANKAR , J.

csm ORDER MADE IN in Crl.O.P.(MD)No.1769 of 2023 Dated : 10.07.2023