S.Natarajan vs Selvi.S.Sahaana
2024 Latest Caselaw 17607 Mad

Madras High Court

S.Natarajan vs Selvi.S.Sahaana on 5 September, 2024

Author: S.M.Subramaniam

Bench: S.M.Subramaniam, V.Sivagnanam

                                                                                    Cont.P.Sr.No.98463 of 2022

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                       DATED : 05.09.2024

                                                             CORAM :

                              THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
                                                 AND
                                THE HONOURABLE MR. JUSTICE V.SIVAGNANAM

                                                    Cont.P.Sr.No.98463 of 2022


                     S.Natarajan                                                 ... Petitioner
                                                                 Vs.

                     1.           Selvi.S.Sahaana, M.A., M.L.,
                                  The learned Judicial Magistrate - I,
                                  Tambaram Combined Courts,
                                  Tambaram, Chengelpet.

                     2.           Selvi.Sri Devi,
                                  The Learned Assistant Public Prosecutor,
                                  Grade - II,
                                  In the Hon'ble Court of the Learned JM-I,
                                  Tambaram Combined Courts,
                                  Tambaram, Chengelpet.

                     2.           Selvi.M.Ramapraba,
                                  The Sub Inspector of Police,
                                  Tambaram All Women's Police Station,
                                  Tambaram, Chennai - 600 045.                ... Respondent




                     Page 1 of 5


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                                                                                   Cont.P.Sr.No.98463 of 2022

                     PRAYER: Contempt Petition filed under Section 11 of the Contempt of
                     Courts Act, 1971 [as amended] for contempt of Court committed by the
                     respondents by willfully disobeying the judgment and guidelines of the
                     Hon'ble Supreme Court of India, in the case of "ARNESH KUMAR Vs.
                     State of Bihar [MANU/SC/0559/2014] dated 02.07.2014.

                                          For Petitioner          : Dr.M.Udaya Bhanu

                                                               ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.)

The present contempt petition has been instituted to punish the

respondents for their wilful disobedience of the Judgment and Guidelines of

the Hon'ble Supreme Court of India in the case of Arnesh Kumar Vs. State

of Bihar reported in MANU/SC/0559/2014 dated 02.07.2014.

2. The contempt petition has been instituted under Section 11 of

the Contempt of Court Act, 1971. Registry of Madras High Court has raised

objections regarding maintainability. Thus, the case has been listed under

the caption 'for maintainability'.

3. The petitioner has filed the contempt petition to punish the

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learned Judicial Magistrate - I, Tambaram Combined Courts, the learned

Assistant Public Prosecutor Grade - II and the Sub Inspector of Police,

Tambaram All Women's Police Station.

4. If at all any order passed by the Courts are violated, the

petitioner has to initiate appropriate action either to execute the order or

otherwise in the manner known to law. Contrarily, the contempt petition

cannot be entertained under Section 11 of the Contempt of Courts Act to

generally punish the respondents.

5. More-so, the petitioner states that the guidelines issued by the

Apex Court in the case of Arnesh Kumar as cited supra has not been

followed by the Authority.

6. If at all certain guidelines are not followed, the petitioner is at

liberty to initiate all appropriate actions in the manner known to law.

Contrarily, the contempt petition under Section 11 of the Contempt of Courts

Act, 1971 need not be entertained by the High Court.

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7. Therefore, the objections raised by the High Court registry

stands sustained and the Contempt Petition in Cont.P.Sr.No.98463 of 2022

stands rejected.

                                                                         [S.M.S., J.]              [V.S.G., J.]
                                                                                   05.09.2024
                     Index                     :     Yes/No
                     Speaking Order            :     Yes/No
                     Neutral Citation          :     Yes/No
                     veda



                     To
                     1,           The learned Judicial Magistrate - I,
                                  Tambaram Combined Courts,
                                  Tambaram, Chengelpet.

2. The Learned Assistant Public Prosecutor, Grade - II, In the Hon'ble Court of the Learned JM-I, Tambaram Combined Courts, Tambaram, Chengelpet.

3. The Sub Inspector of Police, Tambaram All Women's Police Station, Tambaram, Chennai - 600 045.

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S.M.SUBRAMANIAM, J.

AND V.SIVAGNANAM, J.

veda

05.09.2024

https://www.mhc.tn.gov.in/judis