M. Manikandan v. S. Balakrishnan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.08.2023

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN M.Manikandan ... Petitioner/Petitioner Vs.

Mr.S.Balakrishnan, The Inspector of Police, Keelavalavu Police Station, Madurai District.

(Crime No.134 of 2022) ...Contemnor/Respondent PRAYER : Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to initiate contempt proceedings against the contemnor/respondent and punish him for the willful disobedience of the false statement made in Crl.O.P(MD)No.4923 of 2023, dated 15.03.2023. For Petitioner : Mr.A.Robinson For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor

ORDER

Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to initiate contempt proceedings against the 1/4

contemnor/respondent and punish him for his willful disobedience of the false statement made in Crl.O.P(MD)No.4923 of 2023, dated 15.03.2023.

2. On the basis of wrong representation or mis-representation made by the respondent, this petition has been filed.

3. On coming to know about the mistake, which has been committed by the respondent before this Court, he was directed to file an apology affidavit. On that basis, now the above said affidavit has been filed.

4. The learned counsel for the petitioner would submit that inspite of repeated approaches made by the petitioner before the respondent, no proper reply has been given. This caused him to file the present Contempt Petition.

5. Since, now the petitioner received notice from the concerned trial Court, he may workout his remedy through appropriate proceedings before the concerned trial Court.

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6. The apology affidavit is filed, which is taken on on record. The respondent is directed not to repeat the very same mistake in future.

7. Request made by the learned counsel for the petitioner to the effect that direction may be issued to the learned Judicial Magistrate, Melur, to expedite the proceeding, which will be initiated by the petitioner by filing protest petition.

8. Let the learned counsel for the petitioner file protest petition before the concerned trial Court. Let the above said process be completed within a month from the date of filing of the protest petition. With the above said direction, this Contempt Petition stands closed. 23.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No Indu 3/4

G.ILANGOVAN ,J.

Indu To 1.The Judicial Magistrate Court, Melur.

2.The Inspector of Police, Keelavalavu Police Station, Madurai District.

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

Order made in Dated: 23.08.2023 4/4