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2014 DIGILAW 1718 (MAD)

David v. Thirunanam

2014-06-26

S.RAJESWARAN, S.VAIDYANATHAN

body2014
Judgment : S. Rajeswaran, J. 1. The contempt petition has been filed by the petitioner herein alleging that there has been wilful disobedience on the part of the respondent in respect of the order passed in CMP No.4425 of 2006 dated 21.7.2006 by the learned Judicial Magistrate, Alandur. 2. We find that the order was passed as early as 2006 forwarding the complaint to the Joint Commissioner, the respondent herein, for further investigation and it was further stated that report might be submitted to the Court as early as possible. Having kept quite for over 8 long years, the contempt petition is filed by the petitioner now, alleging inaction on the part of the respondent. According to the petitioner, there is wilful disobedience of the order passed by the learned Judicial Magistrate, Alandur dated 21.7.2006. The reasons attributed by the learned counsel appearing for the petitioner for approaching this Court after 8 long years is on the basis of the direction given by this Court in Crl.O.P.No.26357 of 2012 dated 25.10.2013, wherein this Court observed that the order passed by the learned Judicial Magistrate has to be obeyed by the party concerned and if it is not obeyed, then the remedy to the petitioner lies elsewhere by way of filing a contempt petition and not by a petition under Section 482 of the Code of Criminal Procedure. 3. We find that the petition viz., Crl.O.P.No.26357 of 2012 filed under Section 482 Cr.P.C., was dismissed by an order dated 25.10.2013. The observation of this Court, while disposing of the said criminal original petition, can never be construed as a direction to the petitioner to file a contempt petition and to state that this contempt petition is to be entertained. Be that as it may, in our considered view, filing a contempt petition after 8 years is certainly hopelessly barred by limitation and the contempt petition cannot be entertained. Hence, this contempt petition is dismissed. No costs.