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S.Atham vs Mr.Sahul Hameed

Madras High Court|04 August, 2017

JUDGMENT / ORDER

This petition has been filed to punish the contemnor, namely, the second respondent for the willful disobedience of the order of this Court passed in Crl.O.P.No.11766/2016 dated 15.07.2017.
2.This Court has earlier passed the following order on 15.07.2017 in Crl.O.P (MD) No.11766 of 2016 wherein, in paragraph No.4 it was held as under:-
In view of the above submission, the second respondent is directed to expedite the enquiry and complete the same within a period of one month from the date of receipt of a copy of this order. During the course of enquiry, if any cognizable offence is made out, the second respondent police shall take action in accordance with the law laid down by the Hon'ble Apex Court in Lalitha Kumari Vs. Govt. of U.P & others (2013 (4) Crimes 243 (SC). In case of closure of the complaint, a copy of the closure report be furnished to the petitioner within a week of such closure. On receipt of the same, it is open to the petitioner to work out his remedy in the manner known to law.
3.It is not in dispute that after the order of this Court, further enquiry was conducted and after completion of investigation, a final report was filed on 21.10.2013 and that a Copy of the same was marked to the petitioner by RPAD. However, the grievance of the petitioner is that the accused though earlier consented to execute the cancellation deed, he did not do that and therefore, the petitioner has approached this Court for punishing the contemnor namely Inspector of Police. Merely because the proposed accused has promised to give the land to the petitioner and such promise was not properly enforced by the Investigation Agency, the petitioner cannot complain that there is willful disobedience of order passed by this Court. The order of this Court is only to file a report within a period of two weeks after completing the investigation. In such circumstances, this Court is of the view that the petition is indirectly to pressurise the contemnor to go beyond his power and authority. This Court certainly cannot interfere with the administration of justice or interpret the order of this Court to coerce the official respondents indirectly to do anything against law. Hence, this Contempt Petition is dismissed with a cost of Rs.5,000/-(Rupees Five Thousand only) payable to the credit of the Hon'ble Chief Justice Relief Fund, Madurai Bench of Madras High Court, Madurai.
To Mr.Sahul Hameed, Inspector of Police, Prevention of Land Grabbing Cell, Tattamadam Police Station, Santhankulam, Thoothukudi District.
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Title

S.Atham vs Mr.Sahul Hameed

Court

Madras High Court

JudgmentDate
04 August, 2017