Petitioner filed a contempt petition alleging disobedience of an order, claiming the respondent failed to investigate a complaint. The Court found no willful disobedience since an earlier order regarding investigation progress remained intact and found the petition lacking merit. The contempt petition was dismissed.
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Cont.P.No.530 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.10.2019
CORAM:
THE HON'BLE MR.JUSTICE V.BHARATHIDASAN
Cont. P.No.530 of 2015
R. Dhanabakiam ... Petitioner Vs. Mr. A. Amal Raj, I.P.S., The Commissioner of Police, Sankari Road, Gugai, Salem 636 006 ... Respondent
PRAYER : Petition filed under Sections 11 of the Contempt of Courts Act 1971 to punish the respondent for his willful and disobedience of the order dated 30.01.2014 made in Cont.P.No.1004 of 2013.
For Petitioner : Mr. A. V. Ilango
ORDER
This contempt petition has been filed alleging contempt of Court by disobeying the order dated 30.01.2014 made in Cont.P.No.1004 of 2013.
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Cont.P.No.530 of 2015
W.P.No.15106 of 2012 directed the second respondent
therein to proceed with the petitioner's complaint and take necessary action in accordance with law. Since the above order has not been complied with, the petitioner earlier filed a Contempt Petition in Cont.P.No.1004 of 2013 and
the same has been closed by this Court by an order dated 30.01.2014, on the ground that pursuant to the order passed
in the writ petition, First Information Report has been registered in Crime No.672 of 2013 and this Court also held
in the contempt petition that if there is no progress in
the investigation, the petitioner is at liberty to approach this Court to get further remedy. Now alleging
that the respondent did not conduct any investigation on the complaint, the present Contempt Petition has been filed.
petitioner has been closed by this Court on the ground that
First Information Report has been registered and if at all the petitioner has any grievance regarding investigation,
it is open to the petitioner to file appropriate petition
seeking for direction to conduct investigation and he
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Cont.P.No.530 of 2015
cannot file another contempt petition as there is no
willful disobedience of the order passed in the writ petition as well as in the earlier contempt petition. Hence, I find no valid reason in the petition and the contempt petition is liable to be dismissed.
SD/-
ASSISTANT REGISTRAR(COMM.CASES)
mrp
//Certified to be true copy//
Dated at Madras this the day of 2020.
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/22/01/2020
To
The Commissioner of Police, Sankari Road, Gugai, Salem 636 006
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1 issue framed by the court
Whether the alleged non-conduct of investigation amounts to willful disobedience of a prior court order warranting punishment for contempt.
R. Dhanabakiam
Mr. A. Amal Raj, I.P.S., The Commissioner of Police, Sankari Road, Gugai, Salem 636 006
V. BHARATHIDASAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
