G.Ramireddy v. Rajkumar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 15.12.2020

CORAM:

THE HONOURABLE Mr.JUSTICE P.N.PRAKASH G.Ramireddy ..

Petitioner Vs.

Raj Kumar, Inspector of Police, Economic Offence Wing, (Krishnagiri District Zone), Salem.

.. Respondent Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent for the wilful disobedience of the order dated 16.02.2015 passed by this Court in Crl.O.P.No.1575 of 2015. For Petitioner : Mr.R.Nalliyappan For Respondent : Mrs.P.Kritika Kamal Government Advocate (Crl.Side)

O R D E R

This contempt petition has been filed seeking to punish the respondent for the wilful disobedience of the order dated 16.02.2015 passed by this Court in Crl.O.P.No.1575 of 2015. 1/3

2.

On the complaint given by the petitioner, the police registered a case in Crime No.241 of 2012 for the offence under Section 420 IPC against one Nanjunda Shetty (sole accused).

3.

It is the case of the petitioner that the said accused had cheated him and several others in his area. However, Nanjunda Shetty committed suicide in 2015. While that being so, the petitioner filed Crl.O.P.No.1575 of 2015 for a direction to the police to file a final report in Crime No.241 of 2012. During the hearing, it was brought to the notice of this Court that the said Nanjunda Shetty had died. However, this Court directed the police to collect the properties acquired by the accused and submit a report within a period of six months.

4.

Alleging non-compliance of the above order, this contempt petition has been filed.

5.

Heard Mr.R.Nalliyappan, learned counsel for the petitioner and Mrs.P.Kritika Kamal, learned Government Advocate (Crl.Side) appearing for the respondent/State.

6.

The learned Government Advocate (Crl.Side) submitted that the police completed the investigation in Crime No.241 of 2012 and closed the case, since Nanjunda Shetty (sole accused) had committed suicide. 2/3

7.

In the opinion of this Court, once the accused dies during the investigation, no further criminal proceedings can be taken in absentia against him or his properties.

Hence, this contempt petition is closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) nsd //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.

CO/22/03/2021 To 1.The Inspector of Police, Economic Offence Wing, (Krishnagiri District Zone), Salem.

2.The Public Prosecutor, Madras High Court, Chennai - 600 104.

3/3