A contempt petition filed under Section 11 of the Contempt of Courts Act was closed. The learned Additional Public Prosecutor submitted that the petitioner's complaint was closed due to pending proceedings before the Magistrate, rendering willful disobedience impossible to order.
The Contempt Petition stands closed.
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Cont.P.No.1235 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.10.2019
CORAM:
THE HONOURABLE MR. JUSTICE M.S.RAMESH
Cont.P.No.1235 of 2019
Mohanraj ... Petitioner
Vs.
Mr.Riya Sudeen Inspector of Police, J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai. ... Respondent
PRAYER: Contempt Petition filed under Section 11 of the Contempt of the Courts Act praying to punish the respondent for having committed Contempt of the order passed in Crl.O.P.No.17704 of 2018 dated 26.07.2018, on the file of this Court.
For Petitioner : Mr.K.G.Senthil kumar For Respondent : Mr.C.Iyyapparaj Additional Public Prosecutor
ORDER
Today when the matter is called, the learned
Additional Public Prosecutor submitted that the
petitioner's complaint was closed and R.C.S., was filed on 21.11.2016 and thereafter, the learned Magistrate had taken
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Cont.P.No.1235 of 2019
cognizance of the complaint and ordered for further investigation, which is said to be pending. As such
disobedience cannot be ordered as willful.
2 The Contempt Petition stands closed, accordingly.
ASSISTANT REGISTRAR(COMM.CASES)
vsn/sbn
//Certified to be true copy//
Dated at Madras this the day of 2019.
COURT OFFICER(O.S.)
from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
Smi/04/11/2019
To
J-6, Thiruvanmiyur Police Station, Thiruvanmiyur, Chennai.
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3 issues framed by the court
Whether the contempt petition should be closed given that willful disobedience cannot be ordered.
Whether the prayer for punishment for contempt can be granted when the complaint is closed by the court.
Whether the pending investigation by the Magistrate allows for ordering willful disobedience.
1 provisions across 1 enactments
Mohanraj
Inspector of Police, J-6, Thiruvanmiyur Police Station, Chennai
M.S.RAMESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
