Petitioner challenged an order for not complying with direction to dispose of a petition under Section 197 Cr.P.C. within two months. Court held nature of respondent's order irrelevant; delay condoned and case closed.
Contempt case closed with condonation of delay in complying with the direction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
THURSDAY, THE 5TH DAY OF JULY 2018 / 14TH ASHADHA, 1940
Con.Case(C).No. 1039 of 2018
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AGAINST THE JUDGMENT IN WP(C) 34908/2017 of THIS HON'BLE COURT
PETITIONER/PETITIONER IN W.P.
BABY V.C.,AGED 65 YEARS, S/O.CHANDY, VELLARINGATTU, CHOCKADU P.O., POOKKOTTUMPADAM, MALAPPURAM.
BY ADV.SRI.JOBY JOSEPH
RESPONDENT/RESPONDENT IN W.P.:
SUBRATHO BISWAS, I.A.S.,
AGE AND FATHER'S NAME NOT KNOWN TO THE PETITIONER, HOME SECRETARY TO GOVERNMENT, GOVERNMENT OF KERALA, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM-695001.
BY GOVERNMENT PLEADER SRI.SAJJU S.
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 05-07-2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
bp 9/7/2018
Con.Case(C).No. 1039 of 2018
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APPENDIX
PETITIONER'S ANNEXURES :
ANNEXURE A1: CERTIFIED COPY OF THE JUDGMENT DATED 28/11/2017 IN WPC NO. 34908/2017(K) ON THE FILE OF THIS HON'BLE COURT.
RESPONDENT'S ANNEXURES : NIL.
//TRUE COPY//
P.S. TO JUDGE
bp 9/7/2018
K.ABRAHAM MATHEW J.
Contempt Case (C) No. 1039 of 2018
Dated this the 5th day of July, 2018
JUDGMENT
By Annexure-A1 judgment this Court directed the Home Secretary, Government of Kerala to dispose of Exhibit P1 petition filed by the petitioner in the writ petition for sanction under Section 197 Cr.P.C. within two months. In this contempt case the petitioner alleges that the said direction has not been complied with.
Coc 1039/18
-:2:-
proceedings the nature of the order passed by the respondent is not relevant. The delay in disposing of the
matter is condoned and this Contempt Case (C) is closed.
Sd/-
K.ABRAHAM MATHEW JUDGE
vps 6/7
/True Copy/ PS to Judge
2 issues framed by the court
Whether the delay in disposing of the petition filed under Section 197 Cr.P.C. by the Home Secretary warrants a finding of contempt.
Whether the contempt case petitioner allegations regarding non-compliance with the court direction may be condoned.
Baby V.C.
Subratho Biswas
K.Abraham Mathew
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
