B.Velavan v. Kumar
Case brief
What is this about?
Contempt petition filed against a police officer for alleged non-compliance of a court order via registration of FIRs. The FIR was closed as a mistake of fact, rendering the contempt petition unsustainable, and the petition was closed.
What did the court decide?
Contempt petition closed because the underlying FIR was closed as a mistake of fact and the petitioner was served notice.
What the court decided
1
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2016
CORAM:
THE HON'BLE MR.JUSTICE P.N.PRAKASH
Cont. Petition No.2327 of 2016
B. Velavan .. Petitioner
vs.
Mr. Kumar
Inspector of Police
Paramathi Velur Police Station
Namakkal District .. Respondent
Contempt Petition filed under Section 11 of the
Contempt of Courts Act, 1971, seeking to punish the
respondent for contempt for wilfully disobeying the order
dated 09.04.2015 in Crl.O.P. No.7843 of 2015.
For petitioner: Mr. M. Guruprasad
For respondent: Mr. C. Emalias
Additional Public Prosecutor
ORDER
This contempt petition is filed alleging non
compliance of the order dated 09.04.2015 passed in
Crl.O.P. No.7843 of 2015.
2 On 15.11.2016, this Court passed the following
order:
“Today, Mr.C.Ganapathi, Inspector of Police, Paramathi Velur Police Station, Namakkal District, is present before this Court.
2
- Learned Additional Public Prosecutor submitted that the petitioner has given two complaints, one relating to forgery, in which the respondent police have registered a case in Cr.No.666 of 2016 for offences u/s 465, 471 and 406 IPC. The second complaint is with regard to alleged intimidation of the petitioner by one Sivaprakash, Branch Manager, Shriram Chits Private Limited, Paramathy Velur Branch, in which, the police have registered an FIR in Cr.No.667 of 2016.
Issues for consideration
1 issue framed by the court
Whether the respondent police officer is guilty of contempt by registering FIRs and non-compliance of a prior court order.
Parties & counsel
- petitioner
B. Velavan
- respondent
Mr. Kumar
Coram
P.N. Prakash
Case details
As recorded by the court registry
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