Sreemathy v. Palani
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 30.03.2021
CORAM:
THE HON'BLE MR.JUSTICE P.RAJAMANICKAM Cont.P.No.81 of 2021 Sreemathy, CRAF-34, Cheruvikkal, Sreekaryam, Thiruvananthapuram - 695 017, Kerala State ... Petitioner Vs.
Palani, Inspector of Police, R2 Kodambakkam Police Station, Chennai- 600 024 ... Respondent Prayer : Contempt Petition is filed under Sections 11 and 12 of Contempt of Courts Act, 1971 to initiate appropriate action against the respondent for contempt of court for wilful disobedience of this Hon'ble Court's order dated 21.01.2020 made in Crl.OP.No.1048 of 2020.
For Petitioner : V.J.Arul Raj For Respondent : M/s.Hari Arumugham, Government Advocate (Crl.Side)
ORDER
This petition has been filed under Sections 11 and 12 of the Contempt of Courts Act, 1971 complaining that the respondent has wilfully disobeyed the order of this court dated 21.01.2020 passed in Crl.OP.No.1048 of 2020.
2. The learned counsel for the petitioner has submitted that the petitioner's son Anil Balan was missing from 11.12.1999 onwards and hence, she lodged a 1/3
complaint before the respondent police and based on the same, a case was registered on 09.01.2000 in Crime No.20/2000 for man missing. He further submitted that even after 19 years, the respondent police did not take effective steps to trace out the petitioner's son and hence, the petitioner was forced to file Crl.OP.No.1048 of 2020 before this court to direct the respondent to expedite the investigation and file a final report. He further submitted that in the said petition, this court by the order dated 21.01.2020 has directed the respondent police to strictly follow the guidelines given by this Court in K.Sukumari Vs. The Superintendent of Police , Virudhunagar District, Virudhunagar [ Crl.OP.No.(MD) 19255 of 2016 dated 18.09.2018] and continue with the investigation. He further submitted that even though, the said order was passed by this court on 21.01.2020, the respondent has not taken any effective steps to trace out the petitioner's son and complete the investigation and hence, the respondent has committed contempt of court.
3. Mr.G.Hari Arumugam, the learned Government Advocate (Crl.Side) has submitted that in obedience to the aforesaid order passed by this court, the respondent police has published photos of the missing person and also distributed pamphlets in the local area, but, they could not get any clue with regard to the whereabouts of the petitioner's son. He further submitted that in the local daily newspapers, the matter has been published on 13.02.2020 and it was telecasted in the Doordharshan channel also. Even thereafter, they could not get any clue about 2/3
the said person. He further submitted that a Special Team has been constituted headed by Mr.Sankar, Special Sub-Inspector of Police to secure the petitioner's son and the said team is also taking necessary efforts to trace out the said person and hence, the respondent has not committed any contempt. Therefore, he prayed to dismiss the petition.
4. The respondent has filed Status Report also.
5. A perusal of the Status Report shows that the respondent has taken sincere efforts for tracing out the petitioner's son and this Court does not find any slackness or indifference on the part of the respondent. The petitioner has failed to point out, how the respondent has violated the order of this court. Therefore, this petition is liable to be dismissed.
6. In the result, this contempt petition is dismissed as misconceived. SD/- ASSISTANT REGISTRAR(COMM.CASES) VV //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.
Gs/19/05/2021 To The Inspector of Police, R2 Kodambakkam Police Station, Chennai- 600 024 3/3