This contempt petition sought punishment for the Superintendent and Inspector of Police for non-compliance with an earlier order. The Court reiterated the duty of police to ensure the petitioner's safety pending a specific complaint.
No specific relief granted; mere disposal and reiteration of previous safety direction.
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.
Cont. P. (MD) No.47 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 06.04.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
Cont. P. (MD) No.47 of 2022
in
CRL.O.P(MD).No.17876 of 2021
Karpagavadivel
...Petitioner/Petitioner
Vs.
1.Nisha Parthiban,
The Superintendent of Police, Pudukottai District,
Pudukottai.
2.Jafer,
The Inspector of Police,
Ganesh Nagar Police Station, Pudukottai District. ...Contemnor/Respondents
Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the contemnors / respondents for their willful deliberate disobedience of the order of this Court made in Crl.O.P(MD).No.17876 of 2021 dated 18.11.2021.
Prayer in CRL OP(MD). 17876/ 2021 :
To direct the R1 to transfer the investigation of the case in Crime No. 237 of 2019 on the file of the R2 to the R3 herein based on the petitioner`s representation dated. 20.09.2021.
For Petitioner : Mr.G.Arun Kumar
For Respondents : Mr.M.Sakthi Kumar Government Advocate (Criminal Side)
O R D E R
Contending that the order passed by this Court has not been complied with, this Contempt Petition came to be filed.
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Cont. P. (MD) No.47 of 2022
His specific grievance was that Crime No.237 of 2019 lodged at his instance is not being investigated. Hence, he filed Criminal Original Petition for transfer of investigation and in his Criminal Original Petition, I had passed the following order:-
2.The petitioner is an office bearer of an organisation. The petitioner's vehicle was set on fire on 17.10.2019 and Crime No.237 of 2019 was registered by Ganesh Nagar Police Station for the offence under Section 436 of IPC. The grievance of the petitioner is that till date the second respondent has not been able to find out the culprits. He also would state that he is regularly receiving threats. In this regard, he has given a representation dated 20.09.2021 before the first respondent. The first respondent is directed to dispose of the said representation on merits and in accordance with law. It is the duty of the respondents 1 and 2 to take appropriate measures to ensure the physical safety of the petitioner.
// True Copy //
ssb
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Cont. P. (MD) No.47 of 2022
To
1.The Superintendent of Police, Pudukottai District,Pudukottai.
2.The Inspector of Police, Ganesh Nagar Police Station, Pudukottai District. Cont. P. (MD) No.47 of 2022 in CRL.O.P(MD).No.17876 of 2021 06.04.2022 NSN(CO) KB(22.04.2022) 3P 3C
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2 issues framed by the court
Whether the respondents complied with the previous order directing measures to ensure the petitioner's safety.
Whether the petitioner faced threats justifying a transfer of investigation.
1 provisions across 1 enactments
Karpagavadivel
Nisha Parthiban
Jafer
G.R.Swaminathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
