Madras High CourtCONT P(MD)/1156/2024dismissed

Baskaran v. Malaisamy

2024-07-30Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.07.2024

CORAM

THE HON'BLE MR.JUSTICE B.PUGALENDHI Cont.P (MD) No.1156 of 2024 in Crl.O.P.(MD)No.1418 of 2024 Baskaran

...Petitioner/Petitioner

Vs Mr.Malaisamy The Inspector of Police, Melavalavu Police Station, Madurai District.

...Contemnor/respondent PRAYER: Contempt Petition filed under Section 11 of Contempt of Court Act, to punish the respondent for his wilful and deliberate disobedience of the order of this Court in Crl.O.P.(MD).No.1418 of 2024 and Crl.M.P. (MD)No.977 of 2024 dated 06.02.2024.

For Petitioner : Mr.M.Rajendran For Respondent : Mr.T.Senthil Kumar Additional Public Prosecutor 1/4

O R D E R

This Contempt petition has been filed as against the respondent for his wilful and deliberate disobedience of the order of this Court in Crl.O.P.(MD).No.1418 of 2024 and Crl.M.P.(MD)No.977 of 2024 dated 06.02.2024.

2.The learned Counsel for the petitioner submitted that the trial Court has proceeded with the trial and posted the matter for evidence, despite the order of stay granted by this Court in Crl.M.P.(MD)No.977 of 2024 by order dated 06.02.2024.

3.The petitioner/accused in Crime No.134 of 2010 has filed an application in Crl.O.P.(MD)No.1418 of 2024 and has also filed an application seeking for an interim order in Crl.M.P.(MD)No.977 of 2024. This Court while entertaining the application filed by the petitioner in Crl.O.P.(MD)No.1418 of 2024, passed an order, directing the learned Judicial Magistrate, Melur, not to proceed with the trial in CC.No.121 of 2024, till the disposal of the petition in Crl.O.P.(MD)No/1418 of 2024 and 2/4

the relevant portion is extracted hereunder:

"2. Issue notice to the second respondent returnable by 16.02.2024. Private notice is also permitted. Post the matter on 16.02.2024. In the meantime, the learned Judicial Magistrate, Melur, is directed not to proceed with the trial in CC.No.121 of 2020 till the disposal of the present petition."

4.The reading of the order dated 06.02.2024, reveals that the case was posted on 16.02.2024 for final disposal of Crl.O.P.(MD)No.1418 of 2024 and the interim order was granted for disposal of the application till such time only i.e., till 16.02.2024. Therefore, this Court is not inclined to entertain this petition.

5.Accordingly, this Contempt Petition is dismissed. 30.07.2024 NCC : Yes/No Internet:Yes/No Index:Yes/No jbr 3/4

B.PUGALENDHI , J.

jbr To

1. The Inspector of Police, Melavalavu Police Station, Madurai District.

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

Cont.P (MD) No.1156 of 2024 in Crl.O.P.(MD)No.1418 of 2024 30.07.2024 4/4