Madras High CourtCONT P(MD)/1181/2022closed

Pandi @ Pulsar Pandi v. Thamim Ansari

2022-08-22Honourable Mr Justice V.Sivagnanam4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.SIVAGNANAM in Crl.O.P(MD)No.4805 of 2022 Pandi @ Pulsar Pandi, : Petitioner Vs Thamim Ansari, The II Class Executive Magistrate Cum Thasildar, Paramakudi, Ramanathapuram District : Respondent PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, to punish the Contemnor/respondent for the willfully disobedience and violation of the order of the High Court passed in Crl.O.P.No.4805/2022 dated 14-03-2022.

For Petitioner : Mr.K. Sathish Kumar, For Respondent : Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor

O R D E R

************* Alleging wilful disobedience of the order passed by this Court in Crl.O.P(MD)No.4805 of 2022, this Contempt Petition has been filed. 2.When the matter is taken up for hearing today, the learned Additional Public Prosecutor submitted that in the order passed by this Court in Crl.O.P(MD)No. 4805 of 2022, there is no direction was issued. But, only the summon in M.C.No.57 of 2022 was quashed and liberty was given to the respondent therein, to issue a fresh summon by complying with Section 111 of Cr.P.C to the petitioner therein. Under these circumstances, no contempt will lie.

3.This Court in Crl.O.P(MD)No.4805 of 2022, dated 14.03.2022, held as follows:

'7.In view of the above, the impugned summon issued by the first respondent cannot be sustained as against the petitioner and is liable to be quashed. Accordingly, the proceedings in M.C.No.57 of 2022 are quashed and the criminal original petition is allowed. Consequently, the connected miscellaneous petition is also closed. However, the first respondent is at liberty to issue fresh summon, after complying with the Section 111 of Cr.P.C to the petitioner.'

4.In view of the above, this contempt petition stands closed. 22.08.2022 Index:Yes/No Internet:Yes/No lr Note :In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To The II Class Executive Magistrate Cum Thasildar, Paramakudi, Ramanathapuram District

V.SIVAGNANAM , J.

lr ORDER MADE IN 22.08.2022