R. Srinivasan v. P. Rajan
Case brief
What is this about?
The High Court dismissed a contempt appeal filed under Section 19 of the Contempt of Courts Act, holding that the appeal was not maintainable because the underlying contempt petition had been dismissed without any direction being issued.
What did the court decide?
Contempt Appeal dismissed with no costs awarded.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.04.2018
CORAM :
THE HONOURABLE MR. JUSTICE R. SUBBIAH and THE HONOURABLE MR. JUSTICE P.D. AUDIKESAVALU
Contempt Appeal No. 3 of 2018 ---
R. Srinivasan .. Appellant/Petitioner
Versus
1. P. Rajan
The Superintendent of Police
Nethimedu
Salem – 636 002
2. S. Sivalingam
The Inspector of Police
Omalur, Salem .. Respondents/Respondents
Appeal filed under Section 19 of The Contempt of Courts Act against the order dated 18.01.2018 made in Contempt Petition No. 1698 of 2017 on the file of this Court.
Contempt Petition filed under Section 11 of the Contempt of the contempt of courts Act, to punish the respondents 1 & 2 for will ful disobedience of the order dated 07.102016 made in Crl.O.P.22915 of 2016 filed under Secion 482 Cr.P.C. To direct the 2nd respondent to execute the warrant of arrest dated 19.05.2016 pending against the 3rd respondent in C.C.No.129/2012 on the file of Judicial Magistrate VI, Salem.
The appellant has come forward with this Contempt Appeal questioning the correctness and validity of the order dated 18.01.2018 passed by this Court in Contempt Petition No. 1698 of 2017.
Issues for consideration
2 issues framed by the court
Whether a contempt appeal is maintainable as against an order dismissing a contempt petition.
Whether the prerequisite for entertaining a contempt appeal, i.e., a prior contempt petition concluding with a direction, is met.
Parties & counsel
- appellant
R. Srinivasan
- respondent
P. Rajan
- respondent
S. Sivalingam
Coram
Case details
As recorded by the court registry
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