Narayanasami v. Azhagu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 19.07.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN in Crl.OP.No.29426 of 2018 Narayanasami, No.27-181, Eddulasantha Street, Palamaner Town(P) & Mandal, Chittoor District, Andra Pradesh ..Petitioner Vs.

1.Azhagu, Inspector of Police, S-10 Pallikaranai Police Station, Pallikaranai, Chennai-91 2.Sabarinathan, Assistant Commissioner of Police, Madipakkam, Chennai-91 ..Respondents PRAYER:

Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents herein for disobeying the order passed by this Court on 11.03.2019 in Crl.OP.No.29426 of 2018. For Petitioner : Mr.G.Krishnamurthy For Respondents : Mr.L.Baskaran, Government Advocate(Crl.side) 1/4

ORDER

This contempt petition has been filed to punish the respondents for non compliance of the order passed by this Court on 11.03.2019 in Crl.OP.No.29426 of 2018, thereby directed the first respondent to complete the investigation and file final report within a period of three months from the date of receipt of copy of that order. Further directed the Assistant Commissioner of Police, Madipakkam i.e the second respondent herein to monitor the investigation.

2. The learned counsel for the petitioner would submit that though offence under Section 302 of IPC clearly attracted as against the accused persons, the first respondent now filed final report for offence under Sections 306, 498(a) and 34 of IPC, that too after filing the contempt petition before this Court.

3.

The learned Government Advocate(Crl.side) submitted that as directed this Court, the first respondent could not able to complete the investigation for the reason of Covid-19 pandemic circumstances. However, the first respondent completed investigation and filed final report on 13.07.2021 for the offences under Sections 306, 498(a) and 34 of IPC in Crime No.1240 of 2018. The second respondent also monitored the investigation done by the first respondent. After filing final report, it was returned for some queries and the same was also complied with. Thereafter, 2/4

today i.e. 19.07.2021 they re-presented the final report in diary No.253 of 2021 on the file of the Additional Mahila Court, Alandur. 4.

Recording the submissions of the learned Government Advocate, this contempt petition is closed.

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

GS/10/08/2021 To 1.The Inspector of Police, S-10 Pallikaranai Police Station, Pallikaranai, Chennai-91 2.The Assistant Commissioner of Police, Madipakkam, Chennai-91 3.The Public Prosecutor, High Court of Madras 3/4