Prabhakar Rao v. Bastin Dinakaran

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Prabhakar Rao ... Petitioner/Petitioner Vs.

Mr.Bastin Dinakaran, The Inspector of Police, Kodaikanal Police Station, Dindigul District.

.. Contemnor/2nd Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/2nd respondent for the willful deliberate disobedience of the order of this Court dated 28.04.2023, passed in W.P. (MD).No.10593 of 2023.

For Petitioner : Mr.K.Sathishkumar For Respondent : Mr.B.Nambiselvan Additional Public Prosecutor O RDER This petition has been filed to punish the respondent/contempt for not complying the order passed by this Court in W.P.(MD).No.10593 of 2023, dated 28.04.2023.

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2.By the order dated 28.04.2023, the respondent was directed to conduct the enquiry on the complaint given by the petitioner dated 06.04.2023, within a period of fifteen days. According to the learned counsel for the petitioner, the above said order has not been complied. 3.The learned Additional Public Prosecutor would submit that the above said complaint was enquired and it was closed, finding that it is a civil issue between the parties. The above said closure report has not been served upon the petitioner, which is dated 08.06.2023. 4.The learned counsel for the petitioner would submit that after receiving the contempt notice only, the above said closure report has been prepared by the respondent.

5.It is further submitted by the learned Additional Public Prosecutor that on the basis of the earlier complaint given by this petitioner on 22.02.2023, enquiry was undertaken. During the course of enquiry, both sides appeared and this petitioner also gave an undertaking that in respect of the issue between them they will workout their remedy in the above said pending suit in O.S.No.67 of 2022, before the District Munsif, Palani. On that basis, the above said complaint was not subsequently prosecuted. 2/4

6.Let the above said closure report be served upon the petitioner. So that if the petitioner is aggrieved over the closure report, he can workout his remedy through appropriate proceedings.

7.In view of the above said, nothing survives for further consideration. Accordingly, this contempt petition stands closed. 17.08.2023 Index : Yes/No Internet : Yes/No TM To 1.Mr.Bastin Dinakaran, The Inspector of Police, Kodaikanal Police Station, Dindigul District.

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

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G.ILANGOVAN. J.

TM 17.08.2023 4/4