The court closed a contempt case alleging violation of W.P. No.9992 of 2012. Relying on the respondent's counter affidavit that a criminal case had already been registered following the petitioner's representation, the court found no fit to proceed under the Contempt of Courts Act.
Contempt case closed, kept open to investigating agency.
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HON’BLE SRI JUSTICE R. SUBHASH REDDY
CONTEMPT CASE No.1044 of 2012
Dated: 13.08.2012
Between: G. Subba Rao. …..Petitioner And P.M.Naidu.
…..Respondent
HON’BLE SRI JUSTICE R. SUBHASH REDDY
CONTEMPT CASE No.1044 of 2012
ORDER :
This contempt case is filed alleging that the respondent has violated the directions issued by this Court in the order dated 27.04.2012, passed in W.P.No.9992 of 2012.
In the writ petition, when it is the complaint of the petitioner that the respondents therein have not considered his representation to register a case, this Court disposed of the writ petition by permitting the petitioner to place a copy of the representation, dated 16.03.2012, before the 3rd respondentStation House Officer.
In the counter affidavit filed by the respondent, it is stated that based on the representation of the petitioner, a case is registered in Crime No.318 of 2012 for the offences under Sections 468, 471 and 420 of IPC on the file of IV-Town Police Station, Visakhapatnam City and investigation is taken up.
Though no directions are issued by this Court in W.P.No.9992 of 2012 to register a case, as it is stated in the counter that the respondent has already acted upon the representation of the petitioner, dated 16.03.2012, by registering a case, this Court is of the view that it is not a fit case to proceed further under the Contempt of Courts Act.
For the aforesaid reasons, keeping it open to the investigating agency to investigate the aforesaid crime independently, this contempt case is closed.
R. SUBHASH REDDY, J 13th August 2012 ajr
G. Subba Rao
P.M.Naidu
R. Subhash Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
