Sakthivel R. v. Chithambara Murugesan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.01.2020

CORAM

THE HON'BLE MR.JUSTICE P.RAJAMANICKAM R.Sakthivel ...

Petitioner -vsMr.Chithambara Murugesan State rep. by Inspector of Police, Thiruvottiyur Police Station, Thiruvottiyur, Chennai.

...

Respondent Prayer:

This Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent herein under the provision of the Contempt of Court's Act for wilful disobedience of the Judgment or orders of this Court 12.01.2018 in Crl.O.P.No.93 of 2018 filed by the petitioner herein.

For Petitioner ::Mr.R.Bharadwajarama Subramaniam For Respondent::Mr.M.Mohamed Riyaz, Additional Public Prosecutor.

ORDER

This contempt petition has been filed to punish the respondent for disobedience of the order of this Court passed in Crl.O.P.No.93 of 2018 dated 12.01.2018. 1/3

2. The petitioner herein being the defacto complainant, has filed Criminal Original Petition in Crl.OP.No.93 of 2018 to direct the respondent to complete the investigation in Cr.No. 1394 of 2017 and file a final report as expeditiously as possible. This Court by the order dated 12.01.2018 has directed the respondent to complete the investigation and file a final report as expeditiously as possible. Even though the said order was passed by this Court on 12.01.2018, the respondent has not filed the final Report till 29.01.2019 and hence the petitioner has filed the present petition to punish the respondent for disobedience of this Court's order.

3. The respondent has filed a counter stating that after investigation, the matter was referred as 'mistake of fact' and to that fact a referred charge sheet was also filed before the learned Judicial Magistrate Court, Thiruvottiyur, on 30.08.2019. He also stated that before filing the said referred charge sheet, he has sent a RCS notice to the petitioner on 29.08.2019.

4. The learned counsel for the petitioner has submitted that after receipt of the said RCS notice, the petitioner has filed a protest petition before the concerned Magistrate and based on the said protest petition, the learned Judicial Magistrate has taken the case on file and hence he requests to pass appropriate 2/3

order.

5. Considering the aforesaid submissions, this petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) jrs //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

SMI/30/01/2020 To The Inspector of Police, Thiruvottiyur Police Station, Thiruvottiyur, Chennai.

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