Madras High CourtCONT P(MD)/1094/2019closed

Pandi Maruthayi v. Geetharamani

2019-09-18Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Cont.P.(MD).No.1094 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Cont.P.(MD).No.1094 of 2019 in W.P.(MD)No.3532 of 2019 S.Pandi Maruthayi ... Petitioner/Petitioner Vs.

Geetha Ramani, Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District.

... Respondent/Contemnor PRAYER: Contempt Petition is filed under Sections 10 and 12 of the Contempt of Courts Act, to punish the second respondent/contemnor herein for the act of contempt committed by him for disobedience of the order of this Court in W.P.(MD)No.3532 of 2019, dated 18.02.2019.

Prayer in WP(MD). 3532/ 2019 :

Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents to consider and dispose of the petitioners representation dated 26.09.2018 within stipulated period fixed by this Hon'ble Court. For Petitioner : Mr.S.Balaji For Respondent : Mr.R.Anandharaj, Additional Public Prosecutor

O R D E R

This contempt petition has been filed to punish the respondent for not obeying the order passed by this Court in W.P. (MD)No.3532 of 2019, dated 18.02.2019.

2.The learned counsel for the petitioner would submit that the petitioner got an order dated 18.02.2019, by this Court. This Court directed the petitioner to give a fresh complaint to the respondent, who shall hold an enquiry and take appropriate action as per law within a period of four weeks from the date of receipt of the fresh complaint. Till date, the respondent police has not take action on the complaint lodged by the petitioner. Hence, the petitioner filed this petition.

3.The learned Additional Public Prosecutor appearing for the respondent police would submit that as per the order of this Court in W.P.(MD)No.3532 of 2019, dated 18.02.2019, enquiry was conducted https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD).No.1094 of 2019 with the petitioner and her husband and they jointly gave a statement that they are living together. Therefore, recording their statement, the complaint was closed. Thereafter, there was strained relationship between them and as such, the petitioner lodged a complaint before the concerned Judicial Magistrate and on direction issued by the learned Magistrate a case has been registered in Crime No.18 of 2019 as against her husband for the offences under Sections 498(A), 406 and 506(ii) of IPC.

4.In view of the above, there is no willful disobedience of the order passed by this Court. Hence, this contempt petition is dismissed.

Sd/- Assistant Registrar (CS-III) // True Copy // Sub Assistant Registrar(CS ) To MRS.Geetha Ramani, Inspector of Police, All Women Police Station, Thirupparankundram, Madurai District.

Cont.P.(MD).No.1094 of 2019 in W.P.(MD)No.3532 of 2019 18.09.2019 DAS MK (22.10.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2