M/S. Issgf India Pvt. Ltd., v. Menaka

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2023

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN M/s.ISSGF India Pvt. Ltd., Rep. by its Regional Sales Manager, Deepak Chand, MKVJ, Navaneethammal Towers, 1st Floor, New No.19, Old No.9, Burkit Road, T.Nagar, Chennai - 600 017.

... Petitioner Vs.

Menaka Inspector of Police, CCB-I, EDF-I, Team-II, Chennai District.

... Respondent Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondent for committing contempt of Court by wilfully disobeying the order passed in Crl.O.P.No.22266 of 2022 dated 15.09.2022.

For Petitioner : Mr.Ali Hassan Khan For Respondents : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Contempt Petition has been filed to punish the respondent for non compliance of the order dated 15.09.2022 passed by this Court in W.P.No.22266 of 2022, thereby directing the respondent to deposit the articles which were seized from the accused persons in Crime No.78 of 2022 before the concerned Judicial Magistrate Court forthwith. 2.

The respondent appeared before this Court and file status report. On perusal of status report revealed that the seized articles, in pursuant to the registration of FIR in Crime No.78 of 2022, were deposited before the CCB & CBCID Metropolitan Magistrate Court, Egmore, during the months of August, October and November, 2022 itself. Further the respondent also completed the investigation and filed charge sheet in Crime No.78 of 2022 and the same has been taken cognizance in C.C.No.4472 of 2023. In order to substantiate their status report, they also produce a copy of Form No.91 dated 03.06.2022 viz., the deposit of properties before the CCB & CBCID Metropolitan Magistrate Court, Egmore.

3.

However, the learned counsel appearing for the petitioner

submitted that this Court specifically directed the respondent to deposit the articles which were seized from the accused persons in Crime No.78 of 2022. However, the respondent now deposited the articles which were seized from the accused in Crime Nos.109 & 112 of 2022.

4.

It is seen that there are so many complaints as against the same accused persons, in which the respondent registered three FIRs in Crime Nos.78, 109 & 112 of 2022. Even according to the petitioner/defacto complainant those articles, which were seized from the accused persons, are not belonged to them and the same were purchased from the crime proceeds. Therefore, the respondent rightly deposited those articles in all the three crime numbers.

5.

In view of the above facts and circumstances, this Contempt Petition is closed.

19.07.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order rts

G.K.ILANTHIRAIYAN, J.

rts

1. The Inspector of Police, CCB-I, EDF-I, Team-II, Chennai District.

2. The Public Prosecutor, Madras High Court, Chennai.

19.07.2023