S.Anwar v. Mr.Sathish

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.03.2017

CORAM

THE HON'BLE MR.JUSTICE G.CHOCKALINGAM Cont.P(MD)No.1274 of 2016 in Crl.O.P(MD)no.12608 of 2016 S.Anwar ... Petitioner/Petitioner -VsMr.Sathish, The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District. ... Respondent/Complainant Prayer :Contempt Petition is filed under Section 11 of the Contempt of Courts to punish the respondent herein for willful disobedience and violation of the order dated 25.07.2016 in Crl.O.P(MD)No.12608 of 2016.

Prayer in CRL OP(MD). 12608/ 2016 :

To direct the respondents to register the petitioner complaint dated 02.07.2016 and to investigate the same in accordance with law.

For Petitioners : Mr.C.Jeyaprakash For Respondent : Mr.K.Anbarasan, Government Advocate(Crl. Side)

O R D E R

This Contempt Petition is filed to punish the respondent herein for willful disobedience and violation of the order dated 25.07.2016 made in Crl.O.P(MD)No.12608 of 2016.

2. The learned counsel appearing for the petitioner would contend that since the respondent has not obeyed the order of this Court made in Crl.O.P(MD)No.12608 of 2016, dated 25.07.2016, the present Contempt Petition is filed.

3.This Court on 25.07.2016 has ordered as follows:

4. In view of the above submission, the second respondent is directed to expedite the enquiry and complete the same within a period of two weeks from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the second respondent shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari vs. Govt. of U.P & Others [2013 (4) Crimes 243 (SC). In case of https://hcservices.ecourts.gov.in/hcservices/

closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law.

4. The learned Government Advocate(Crl. Side) on instructions submitted that as per the direction of this Court, enquiry was conducted. During enquiry, it was found that no such occurrence happened as alleged by the petitioner and hence, the case was closed and he has also produced the copy of the closure report into Court.

5. In view of the said submission, it is seen that the matter was enquired and thereafter the case was closed and hence, the arguments of the learned counsel for the petitioner that the respondent committed contempt of Court, is not at all acceptable and the Contempt Petition is liable to be closed.

6. In the result, this Contempt Petition is closed. SD/- ASSITANT REGISTRAR /TRUE COPY/ SUB ASSISTANT REGISTRAR To:

The Inspector of Police, R.S.Mangalam Police Station, Ramanathapuram District.

PM MAS/SV-MMS/SAR3:10.04.2017:2P-2C Cont.P(MD)No.1274 of 2016 21.03.2017 https://hcservices.ecourts.gov.in/hcservices/