B.v.Suresh Kumar v. J. Rajiv Prince Aroun
Case brief
What is this about?
Criminal contempt petition filed regarding disobedience of a previous order. The contemnor could not be found at the address; the Court directed the Commissioner of Police to verify the contemnor's whereabouts.
What the court decided
A compact analysis
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.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS (CONTEMPT JURISDICTION)
TUESDAY, THE 14TH DAY OF AUGUST, 2018 THE HON'BLE MR.JUSTICE M.S.RAMESH CONTEMPT PETITION NO.1129 OF 2018
IN
CRL.O.P.NO.1246 OF 2018
***********
B.V.SURESH KUMAR,
S/O.LATE.B.K.VISWANATHAN, OLD NO.202, NEW NO.
52 ,BROADWAY ,CHENNAI-600 108.
....PETITIONER/PETITIONER
Vs
J. RAJIV PRINCE AROUN,
THE INSPECTOR OF POLICE, (LAW AND ORDER)
N- 3, MUTHIALPET POLICE STATION , CHENNAI.
...RESPONDENT/RESPONDENT
Contempt Petition filed U/s 11 of the Contempt of
Courts Act, 1971 praying that this Hon'ble Court be pleased
to punish the 2 nd respondent who had wilfully and
intentionally disobeyed the order of this Hon'ble High
Court in Crl.O.P.No.1246 of 2018 dated 17.01.2018.
The above Contempt Petition coming on this day before this Court for hearing in the presence of Mr.R.Sathyamoorthy, Advocate for the petitioner herein; and Mr.B.Arulmozhimaran, Government Advocae(Crl.Side) appearing for the respondent herein; and upon reading the https://hcservices.ecourts.gov.in/hcservices/ petition and the affidavit of B.V.Suresh kumar, filed herein, the Court made the following order:-
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“ Statutory notice sent to the contemnor address has been returned with an endorsement from the bailiff that when he had enquired the concerned Police Station, he was informed that the contemnor has been transferred to some other Police Station and they did not know about his whereabouts. Since the Commissioner of Police, Greater Chennai, Vepery was also a party- respondent in the order passed by this Court in Crl.O.P.No.1246 of 2018 dated 17.01.2018, the Commissioner of Police, Greater Chennai is called upon to verify the whereabouts of the contemnor and to file a report. This Court expresses its disappointment on the careless treatment given by the officials attached to N-3, Muthialpet Police Station, Chennai to the bailiff.
Issues for consideration
2 issues framed by the court
Whether compliance can be ensured when notice ke Inspector has not been served due to the contemnor's transfer.
Who must verify the whereabouts of a contemnor whose identity/address is unavailable to court officials.
Parties & counsel
- applicant
B.V.Suresh Kumar
- respondent
J. Rajiv Prince Aroun
- respondent
Commissioner of Police, Greater Chennai
Coram
Case details
As recorded by the court registry
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