[Order of the Court was made by M.M.SUNDRESH, J.] Alleging that due to wilful and deliberate representation made by the contemnor, the Petition filed for relaxation was dismissed, the present contempt petition has been filed.
2.It appears from the records that while granting bail,certain condition was imposed by the District Court.A Petition was filed seeking to relax the condition on the premise that the condition imposed was complied with regularly. However, on the representation made by the learned Public Prosecutor that it was not so, the Petition was dismissed. Therafter, another petition was filed stating that the conditions were complied with regularly. The learned Judge having found that the conditions have been complied with regularly and without any specification, the learned Public Prosecutor has made a statement which in turn, resulted in the rejection of the petition, it was accordingly allowed.
3.The Petitioner taking note of the order passed by the learned Principal Sessions Judge, has sought for permission to prosecute the Investigating Officer, who gave instruction. The learned Additional Advocate General declined to give consent/permission by taking note of the facts of the case. Therefore the present petition is filed.
4.The learned counsel for the petitioner would submit that it was a wilful, deliberate act on the part of the contemnor. The above said action constitute a criminal contempt. Therefore, the petition has to be ordered. We do not incline to entertain this petition. The order was passed on the earlier occasion based upon the statement made by the learned Public Prosecutor. Even assuming that instructions have been given, nature of instruction is not known. Admittedly, no written instruction was given by the respondent. Even in the subsequent order passed, it was not made known about the exact false information given by the respondent.There has to be a deliberate act on the part of the respondent while dealing with contempt. Mere negligence will not suffice that it would be intended to obstruct justice. We donot find any such factor available in the case on hand.
5.Accordingly, the Contempt Petition stands dismissed.
To Mr.G.Thiruvanandam, Son of Gurusamy, Inspector of Police, presently working at Keeranoor Police Station, Keeranoor, Palani Taluk, Dindigul District (Formerly worked in Kannivadi Police Station), Kannivadi, Dindigul District.
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