Madras High CourtCONT P/134/2019disposed of

Captain Jacob Selvaraj v. Kannan

2019-02-04Honourable Mr Justice N. Sathish Kumar3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 04.02.2019

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Contempt Petition No.134 of 2019 Captain Jacob Selvaraj, Honorary Secretary, The Madras Flying Club Ltd., Old Airport, Chennai - 600 027.

Petitioner Vs.

Kannan, The Inspector of Police, S-2, Airport Police Station, Meenambakkam, Chennai - 600 027.

Respondents PRAYER : Contempt Petition filed under Sections 11 and 12 of the Contempt of Courts Act to punish the respondent for his deliberate and willful interference and obstruction in the administration of justice of this Court by making false representation and laying false information before this Court order dated 06.03.2017 made in Crl.O.P.No.4073 of 2017.

For Petitioner : Mr.S.Jeyaram For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This petition has been filed alleging that the order of this Court dated 06.03.2017 made in Crl.O.P.No.4073 of 2017 has not been complied with.

2. The learned Government Advocate (Criminal Side) appearing for the respondent would contend that after thorough investigation, the respondent police has filed a final report and in fact, the RCS notice has been sent to the de facto complainant as early as on 30.12.2016. However, the same was not received by the de facto complainant and hence, the RCS has been filed before the learned Judicial Magistrate, Alandur. He would further contend that due to missing of the bundle in the Court, the final report has not been filed and now, they filed a final report before the trial Court.

Having regard to the above facts, the investigation has already been completed and the RCS can be seen from the RCS notice placed before this Court. Merely because the charge sheet has not been taken on file by the concerned Magistrate Court, it cannot be concluded that the respondent has made a wrong representation before this Court. Hence, this Court does not find any material to hold that the respondent has committed contempt as alleged by

the petitioner.

4. In view of the above, this Contempt Petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) sri //Certified to be true copy// Dated at Madras this the day of 2019. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

PS/20/02/2019