IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 8.10.2009
CORAM
THE HON'BLE MR.JUSTICE M.JAICHANDREN
Contempt Petition No.854 of 2006
P.Vijay petitioner
Vs.
1. Smt.Deepa
2. Mrs.Geetha
Inspector of Police
All Women Police station
Adyar, Chennai-600 020
3. Mr.Hari
Assistant Commissioner of Police
All Women Police station
Adyar, Chennai-600 020
4. Mrs.Jesintha
Sub Inspector of Police
All Women Police station
Adyar, Chennai-600 020 . Respondents
Contempt Petition filed under Section 10 & 12 of the contempt of Courts Act to punish the respondents for the contumacious disobedience of the order, dated 19.10.2006, passed in Crl.M.P.No.1 of 2006 in Crl.O.P.No.27047 of 2006.
For petitioner : Mr.Ashok Menon for
Mr.Menon & Goklaney Associates
For respondents : Mr.I.PaulNoble Devakumar
O R D E R
This contempt petition has been filed praying that this Court may be pleased to punish the third and the fourth respondents for their wilfull disobedience of the order, dated 19.10.2006, made in Criminal M.P.No.1 of 2006, in Crl.O.P.No.27047 of 2006.
2. The petitioner had stated that he had been charged for an alleged offence, under Sections 498-A and 506 (II) of the Indian Penal Code, read with Section 4 of the Dowry Prohibition Act. Since the petitioner was apprehending arrest by the respondent Police, he had moved the Principal Sessions Court for obtaining an anticipatory bail, in Criminal M.P.No.1939 of 2006.
3. By an order, dated 26.6.2006, the Principal Sessions Court had granted anticipatory bail to the petitioner, on certain conditions. The petitioner had complied with all the conditions imposed by the Principal Sessions Court. Thereafter, the petitioner had filed a petition for relaxation of the conditions before the Principal Sessions Court, in Crl.M.P.No.7321 of 2006, in Crl.M.P.No.1939 of 2006. Accordingly, the Principal Sessions Court had passed an order relaxing the conditions imposed on the petitioner. While so, the petitioner had filed H.M.O.P. No.2245 of 2006, against his wife, before the I Additional Family Court, Chennai, praying for a declaration, to declare his marriage with his wife, as null and void. On receipt of the notice from the I Additional Family Court, Chennai, in H.M.O.P.No.2245 of 2006, the complainant had filed an application before the Principal Sessions Court, in Crl.M.P.No.7497 of 2006, in Crl.M.P.No.1939 of 2006, for cancellation of the anticipatory bail granted to the petitioner and his mother.
4. By an order, dated 16.10.2006, the Principal Sessions Court had cancelled the anticipatory bail granted to the petitioner. The said order, dated 16.10.2006, had been challenged before this Court, in Crl.O.P.No.27047 of 2006. By an order, dated 19.10.2006, this Court had stayed the operation of the order, dated 16.10.2006, in Crl.M.P.No.1 of 2006, in Crl.O.P.No.27047 of 2006. In spite of the said order, the respondent Police had taken the petitioner into custody, on 20.10.2006, based on the instructions issued by the Assistant Commissioner of Police, Adyar, Chennai. The petitioner had been taken into custody, in spite of the fact that he had produced the copy of the interim order granted by this Court, on 19.10.2006, in Crl.M.P.No.1 of 2006, in Crl.O.P.No.27047 of 2006.
5. Thus, the third and the fourth respondents in the present contempt petition had committed contempt of court by wilfully disobeying the order, dated 19.10.2006, made in Crl.M.P.No.1 of 2006, in Crl.O.P.No.27047 of 2006.
6. In the counter affidavits filed on behalf of the third and the fourth respondents, it has been stated that they have the highest regard for this Court and that they tender their unconditional apology, in case this Court comes to the conclusion for some reason that they have committed contempt of Court. However, they have stated that they have no knowledge of the order passed by this Court, in Crl.M.P.No.1 of 2006, in Crl.O.P.No.27047 of 2006, when the petitioner was taken into custody, on 20.10.2006, based on which a case in W.-19, A.W.P.S., Adyar, Chennai Crime No.27 of 2006 for offences under Sections 498-A, 506 (II) of I.P.C. and Section 4 of the Dowry Prohibition Act, was registered, on 17.10.2006. The petitioner had been arrested, at about 11.30 p.m., on 20.10.2006, and he was remanded to judicial custody by XVII Metropolitan Magistrate Court, Saidapet, on 21.10.2006. The petitioner did not show any order of this Court at the time of his arrest. The order passed by this Court, on 19.10.2006, in Crl.M.P.No.1 of 2006, in Crl.O.P.No.27047 of 2006, had been produced before the XVII Metropolitan Magistrate Court, Saidapet only, on 21.10.2006. Based on the said order, he was released on bail, immediately, thereafter. In such circumstances, the present contempt petition had been filed before this Court.
7. In view of the averments made in the affidavit filed in support of the contempt petition and the submissions made on behalf of the third and fourth respondents, this Court is of the considered view that the petitioner has not been in a position to substantiate his claims made in the contempt petition.
8. There is nothing to show that the third and the fourth respondents had wilfully disobeyed the order passed by this Court, on 19.10.2006, in Crl.M.P.No.1 of 2006, in Crl.O.P.No.27047 of 2006. Even though it has been admitted by the said respondents that the petitioner was arrested, on 20.10.2006, based on a case registered against the petitioner, in Crime No.27 of 2006, pursuant to the complaint given by Smt.Deepa, there is nothing on record for this Court to come to the conclusion that the petitioner had produced a copy of the order passed by this Court, on 19.10.2006, at the time of his arrest. Further, the third and the fourth respondents had tendered their unconditional apology, if this Court, for some reason, comes to the conclusion that they have committed contempt of Court, by wilfully disobeying the order passed by this Court, on 19.10.2006. In such circumstances, this Court does not find sufficient reasons to punish the respondents, as prayed for by the petitioner. Therefore, the contempt petition stands closed. No costs.
lan
To:
1. Mrs.Geetha
Inspector of Police
All Women Police station
Adyar, Chennai-600 020
2. Mr.Hari
Assistant Commissioner of Police
All Women Police station
Adyar, Chennai-600 020
3. Mrs.Jesintha
Sub Inspector of Police
All Women Police station
Adyar,
Chennai 600 020