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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH

Cont.P.No.1327 of 2015

P.M.Sebastian

.. Petitioner

Vs

State by

Mr.Sivakumar

The Inspector of Police,

K-10, Koyambedu Police Station,

Chennai – 600 092.

.. Respondent

Prayer:- Contempt Petition filed under Section 11 of the

Contempt of Court Act r/w. Article 215 of the Constitution of

India, praying to punish the respondents for willfully

disobeying the order made in Crl.OP.No.7419 of 2015 dated

25.03.2015 of this Hon'ble Court.

For Petitioner

:Mr.V.K.Sathiamurthy

for Respondent

:Mr.C.Emalias

Additional Public Prosecutor

ORDER

Heard Mr.V.K.Sathiamurthy, the learned counsel

appearing for the petitioner and Mr.C.Emalias, the learned

Additional Public Prosecutor appearing for the respondent.

2.This Contempt Petition has been filed by the

petitioner against the respondent herein, for willful

disobedience of the order of this Court dated 25.03.2015 made

in Crl.OP.No.7419 of 2015. The operative portion of the order

passed by this Court is as follows :

https://hcservices.ecourts.gov.in/hcservices/

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“3.Considering the allegations made in the complaint

and in view of the dictum laid down by the Hon'ble Apex Court

in the Lalita Kumari Vs. Govt. of U.P. & others reported in

[2013 (4) Crimes 243 (SC)] which has to be followed in letter

and spirit viz., that if a cognizable offence is made out, the

respondent-Police is duty bound to register a case, this

Criminal Original Petition is disposed of, by directing the

respondent police to register the case on the basis of the

petitioner's complaint, dated 13.03.2015 in C.S.R.No.135 of

2015 and investigate the same in accordance with law.

3. Mr.S.Sivakumar, presently working as Inspector of

Police, High Court Security-II, Chennai, formerly Inspector of

Police, K-10, Koyambedu Police Station, Chennai, has filed a

counter affidavit wherein in paragraph No.11, he has stated as

follows :

“11. I further submit that based on the above

direction of this Hon'ble High Court, Madras, a

case in K-10 Koyambedu P.S. Crime No.643/2015 under

Sections 427, 448 & 506 (ii) IPC was registered on

3.7.2015 at 12:00 hours and took up the

investigation of the case. In that case, the

accused – Tr.Gnanasekaran was arrested and remanded

to judicial custody and the case is still under

investigation.”

4. Mr.V.K.Sathiamurthy, the learned counsel appearing

for the petitioner has submitted that the averments in

paragraph 9 of the counter affidavit filed by the Inspector of

Police is factually incorrect. Paragraph 9 of the counter

affidavit states as follows :

https://hcservices.ecourts.gov.in/hcservices/

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“9. I further submit that in the meantime, the CMDA

authorities were addressed in this regard and

obtained a reply from him that as per the order of

the Hon'ble High Court, Madras in W.P.No.4733 of

2012 to maintain status quo, the shop was de-sealed

and handed over to Tr.Gnanasekaran and allowed to

continue his business.”

5. On a perusal of the order dated 27.04.2012 passed in

W.P.No.4733 of 2012 by Hon'ble Mr.Justice Vinod K. Sharma,

shows that the averments in paragraph No.9 of the counter

affidavit, that status quo was ordered and the shop was de-

sealed and handed over to Tr.Gnanasekaran and he was allowed to

continue his business, is not factually correct. May be the

Inspector of Police has misunderstood the reply given by the

CMDA authorities.

6. Except, recording the above factual error, nothing

survives in the contempt petition, inasmuch as the respondent-

Police have registered a case in Crime No.643 of 2015 on

03.07.2015 for the offences under Sections 427, 448, 506 (ii)

IPC., against Gnanasekaran.

7.The said Inspector of Police has also tendered his

unconditional apology in