Disposed

Deepak S. v. Aishwarya Dongre

Kerala HC29 Nov 2022Con.Case(C)/1586/2022

Case brief

AI extract

What is this about?

Contempt petitioner sought punishment against a respondent who allegedly failed to release vehicle registration documents and permit as directed. The court found no reason to initiate proceedings as the respondent acted on the facts that documents were held by the court and advised the petitioner to approach that court instead.

What did the court decide?

Motion to initiate contempt proceedings dismissed; no order of punishment passed.

Deepak S. Vs Aishwarya Dongre — Contempt of Court | Kerala HC (2022)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MRS. JUSTICE MARY JOSEPH
TUESDAY, THE 29TH DAY OF NOVEMBER 2022 / 8TH AGRAHAYANA,

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CON.CASE(C) NO. 1586 OF 2022

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AGAINST THE ORDER/JUDGMENT IN WP(Crl.) 601/2022 OF HIGH
COURT OF KERALA DATED 11/07/2022
PETITIONER/PETITIONER:

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DEEPAK S.
AGED 34 YEARS
S/O. K.R.SASIKUMAR,DEEPAM HOUSE, UDYOGAMANDAL,
MANJUMMEL P.O.,ERNAKULAM, PIN – 683 501
BY ADV P.A.ABHILASH

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RESPONDENT/4TH RESPONDENT:

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AISHWARYA DONGRE
AGED ABOUT 30 YEARS,
FATHER’S NAME NOT KNOWN TO THE PETITIONER,
THE CHAIRMAN DRUG DISPOSAL COMMITTEE, OFFICE OF
THE DISTRICT POLICE, THRISSUR RURAL, AYYANTHOLE,
THRISSUR, PIN – 680 503
ADVOCATE GENERAL OFFICE KERALA

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OTHER PRESENT:

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SR GP SRI.DENNY DEVASSY

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THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP
FOR ADMISSION ON 12.10.2022, THE COURT ON 29.11.2022
DELIVERED THE FOLLOWING:

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Cont.Case No.1586 of 2022

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MARY JOSEPH, J.

Contempt Case No.1586 of 2022

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- - - - Dated this the 29^th day of November, 2022

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JUDGMENT

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This Contempt Case is filed seeking for the following

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reliefs :

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“i) Initiate proceedings against the respondent for willfully, intentionally and deliberately disobeying the direction contained in Annexure A1 judgment of this Hon’ble Court under the Contempt of Court Act and punish him in accordance with law.

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ii) Award cost of these proceedings from the respondent to the petitioners; and

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iii) Grant such other reliefs as this Hon’ble Court shall deem just.”

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It is stated in the petition that the petitioner had filed

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WP(Crl.) No.601 of 2022 before this Court arraying the Chairman of Drug Disposal Committee, Thrissur as the 4^th respondent. Vide

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judgment passed by this Court in WP(Crl.) No.234/2022 the vehicle bearing Registration No.KL 41/N-5890 belonging to the

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Cont.Case No.1586 of 2022

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-:3:-

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petitioner was released. In the judgment the 4^th respondent was directed to call for the original vehicular records from the 3^rd respondent. The petitioner filed a representation before the 4^th respondent seeking for release of Original Registration Certificate and permit but that was not considered and therefore WP(C) No.601/2022 was filed seeking for a direction commanding the 4^th respondent to call for original registration certificate and Contract Carriage permit of the vehicle bearing registration No.KL 41/N-5890 from the 3^rd respondent and release the same to the petitioner and also for a direction to command the 4^th respondent to release the original registration certificate and contract carriage permit of the aforesaid vehicle to the petitioner and for granting such other reliefs.

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Vide judgment passed on 11.07.2022 in WP(Crl.) No.601/2022, the 4^th respondent was directed to consider Ext.P11 representation and to pass appropriate orders within a period of 10 days from the date of the judgment, certified copy of which is produced alongwith as Annexure A1. On 12.07.2022 Annexure A1 judgment was sent to the 4^th respondent by counsel

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Cont.Case No.1586 of 2022

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for the petitioner via email for compliance. True copy of which email is produced alongwith as Annexure A2. On 19.07.2002, the 3^rd respondent in WP(Crl.) No.601/2022 had issued a notice stating that the original vehicular records of the vehicle bearing registration No.KL 41/N-5890 were produced before Additional District Court-III, Thrissur in connection with Crime No.743/2020 of Irinjalakuda Police Station. It was further informed that the petitioner can approach the above court for getting the original vehicular records released. True copy of the notice referred to is produced alongwith as Annexure A3. It is submitted that refusal of the respondent to comply with the direction in Annexure A1 evenafter sending Annexure A2 is willful, deliberate and intentional and disobedience of the direction of this Court and therefore the respondent is guilty of civil contempt.

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True that vide judgment dated 11.07.2022, the 4^th respondent was directed to consider Ext.P11 representation moved by the petitioner before it and to pass appropriate orders within a period of 10 days from the date of the judgment. The proceedings of the District Police Chief, Thrissur Rural is

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Cont.Case No.1586 of 2022

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appended to the petition on hand. It is revealed therefrom that a meeting was convened on 18.07.2022 at the District Police Chief’s Chamber. It is reported in the proceedings passed following the meeting that the original vehicular records were in the custody of Additional District Court No.III which was produced there by the investigating officer and there is no provision to return those. It is further observed that the petitioner (RC owner) can submit a petition before the court concerned for getting the original vehicular documents. It is also reported that the decision taken will also be communicated to the RC owner through the SHO Irinjalakuda Police Station. The present petition seeking to initiate contempt was filed on 23.08.2022. The proceedings was issued by the 4^th respondent on 18.07.2022, much prior to filing of the contempt case itself.

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It is submitted by the learned Public Prosecutor that copy of the proceedings is already served on the petitioner herein. In the light of the above discussion, this Court finds no reason to initiate contempt proceedings against the 4^th respondent.

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Cont.Case No.1586 of 2022

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True that in the judgment dated 11.07.2022, this Court has directed the 4^th respondent to call for the original vehicular records from the 3^rd respondent who is none other than the SHO of Irinjalakkuda Police Station. It is stated in the proceedings that the vehicular records were not in the custody of the 3^rd respondent but were handed over to the court having jurisdiction. As rightly observed by the 4^th respondent, the documents once produced before the Court will not be returned to the Investigating officer. As rightly observed, the petitioner can move an application before the court to obtain those.

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The Contempt Case is closed with the above observations.

Sd/-

MARY JOSEPH,

JUDGE.

ttb

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Cont.Case No.1586 of 2022

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APPENDIX OF CON.CASE(C) 1586/2022

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PETITIONER’S ANNEXURES:

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Annexure A1A CERTIFIED COPY OF JUDGMENT DATED
11/07/2022 IN W.P.(CRL) NO. 601/2022)
Annexure A2A TRUE COPY OF THE COVERING EMAIL DATED
12/08/2022
Annexure A3A TRUE COPY OF THE NOTICE DATED
19/07/2022 ISSUED BY THE STATION HOUSE
OFFICER IRINJALAKKUDA

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RESPONDENT’S ANNEXURES :

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Annexure R4(a)TRUE COPY OF THE NOTICE SERVED TO THE
PETITIONER

Deepak S. v. Aishwarya Dongre

Case brief

What is this about?

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Deepak S. v. Aishwarya Dongre

Case brief

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