G.Sundaram v. Mr. Vanamamali Raja,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.07.2025

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN Contempt Petition No.753 of 2025 G.Sundaram ... Petitioner Vs.

Vanamamali Raja The Inspector of Police, Otteri Police Station, Tambaram Police District, Walajabad Road, Mannivakkam, Chennai-600 048.

... Respondent Prayer: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent for his willful and intentional disobedience to the order of this Hon'ble High Court passed in Crl.OP.No.18929 of 2024 dated 08.08.2024.

For Petitioner : Mr.B.Narayanan @ Karthik Narayanan For Respondent : Mr.S.Balaji, Government Advocate (Crl. Side)

O R D E R

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Complaint for forgery, impersonation and criminal intimidation to grab the property of the petitioner Sundaram, was given to the Otteri Police Station and the complaint was registered in Cr.No.212 of 2024 on 14.06.2024 for the offence punishable under Sections 406, 420 and 506(i) of IPC.

2. Since the complaint was not investigated, the petitioner has approached this Court, seeking direction to the second respondent namely, the Inspector of Police, Otteri Police Station, to complete the investigation in Cr.No.212 of 2024 and lay final report within the stipulated time.

3. This Court after considering the grievance expressed by the petitioner and the submissions made by the learned Government Advocate (Crl.Side) appearing for the respondent police, disposed the criminal original petition, to complete the investigation within two months and file final report.

4. Inspite of the order with specific direction to complete the investigation within two months. the said order dated 08.08.2024 was not complied, which has forced the petitioner herein to invoke the contempt jurisdiction of this Court by placing before this Court that the order of the Court dated 08.08.2024 been disobeyed by the second respondent by not 2/6

completing the investigation and filing the final report within the time specified.

5. The contempt petition was filed in the Registry on 03.02.2025. The matter was heard by this Court on 20.06.2025. At that time, the learned Government Advocate, took notice and sought time to file status report. Hence, the contempt was adjourned to 18.07.2025.

6. Today(18.07.2025), when the matter was taken up for consideration, Thiru. Vanamamali Raja, the Inspector of Police attached to the Otteri Police Station filed an affidavit stating that pursuant to the direction of this Court, he has examined witnesses, recorded the statement and filed final report before the learned Judicial Magistrate-II, Chengalpattu and the same has been taken on file in C.C.No.235 of 2025 and the case stands posted to 24.07.2025 for the appearance of the accused. He has tendered unconditional apology for not completing the investigation within the time prescribed.

7. The learned counsel appearing for the contempt petitioner submits that after filing the contempt petition, a perfectangry investigation been done by the second respondent to get rid of the contempt proceedings and had filed the final report without making any investigation regarding the forgery and impersonation. He has not 3/6

arrayed the beneficiary of the forged document and also appropriate provision of penal law for forgery, impersonation and act of fraud using forged document as genuine. This Court, directed the Investigating Officer who was present in the Court to furnish the final report and the documents annexed to the final report.

8. A perusal of the C.D file indicates that the investigation in the case had gone through the different phases including enquiry by the Tahsildar in connection with mutation of revenue records based on the rival documents relied by the complainant and the accused persons.

9. Infact, this Court also find that the Investigating Officer has sought for the court permission to forward the disputed document for examination by the experts, but the same has been returned for want of original.

10. The Investigating Officer who is present submits that both the complainant as well as the accused persons did not co-operate for investigation by producing the original document and therefore, he was unable to proceed with the investigation regarding the genuineness of the disputed document and with the available material, he was forced to file the final report in view of the contempt petition.

11. This Court finds that the respondent ought to have done a 4/6

complete investigation about the crime which has been brought to his notice and for the reason best known, he has not done the investigation properly, but had filed the final report. Hence, this Court quashes the final report suomoto and directs the Investigating Officer to conduct further investigation causing summons to parties to produce the original and submit the original for examination by the expert and then file a final report. If any act of crime committed, final report to be filed with proper offence.

12. The Investigating Officer shall file the revised final report within period of three months from the date of receipt of a copy of this Order.

13. With this observation, this Contempt Petition is closed. 18.07.2025 Vv Dr.G.JAYACHANDRAN,J.

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Vv Contempt Petition No.753 of 2025 18.07.2025 6/6