R.Vijayalakshmi v. Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2015

CORAM:

THE HON'BLE Ms.JUSTICE K.B.K.VASUKI Contempt Petition No.1386 of 2015 R.Vijayalakshmi .. Petitioner Vs.

1.Prakash Inspector of Police E3, Teynampet Police Station Chennai.

2.Saravanan Inspector of Police E3, Teynampet Police Station Chennai.

(2nd respondent impleaded as per the order dated 07.09.2015 made in Sub-Application No.756 of 2015 in Contempt Petition No.1386 of 2015 dated 07.09.2015) . . Respondents Prayer :

Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the Respondent for contempt of Court under Contempt of Courts Act, 1971 for disobeying and flouting the orders of this Court dated 14.07.2014 passed in Crl.O.P.No.15570 of 2014.

For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.Mohammed Riyaz Government Advocate (Crl.Side)

O R D E R

Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side).

2.From the counter filed herein, it is now made very clear that investigation on earlier occasion was not held properly and there was a serious violation in not sending the visra report to the Forensic Science Department in order to find out the actual cause of the death. Though it is stated in the counter that the departmental action is taken against the police personnel, who is responsible for such lapse, that is not likely to clear the defect in investigation in this regard. The investigation is thereafter entrusted to the second respondent. At this stage, the petitioner has come forward with the present Crl.O.P.No.15570 of 2014 for completing the investigation and to file the final report.

The investigation was completed and the case was closed as "Further action dropped" and the final report was submitted to the concerned Judicial Magistrate's Court on 27.08.2015. 3.Considering the manner of investigation done here, this Court directs the first respondent police to reopen the investigation and to take further investigation in proper direction under the guidance of Assistant Commissioner, Teynampet with periodical report to the Deputy Commissioner, T.Nagar and investigation to be completed within a period of five months from the date of receipt of a copy of this order.

4.With the above direction, this Contempt Petition is closed. No costs.

kj SD/- DEPUTY REGISTRAR(CLAA) //Certified to be true copy// Dated at Madras this the day of 2016. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

SS/CO/04/02/2016 One CC to M/s.R.Nalliyappan, Advocate, Sr.No.11620 To 1.The Assistant Commissioner Teynampet,Chennai.

2.The Deputy Commissioner T.Nagar,Chennai.

3.Prakash Inspector of Police E3, Teynampet Police Station, Chennai.

4.Saravanan Inspector of Police E3, Teynampet Police Station, Chennai.

5.The Public Prosecutor High Court, Madras.