Arun Shroff v. Gunasekaran

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 26.08.2015

CORAM

THE HONOURABLE Ms. JUSTICE K.B.K.VASUKI Contempt Petition Nos.1604 and 1605 of 2015 Arun Shroff ... Petitioner in contempt Petition No.1604/15 vs.

Mr.Gunasekaran, The Inspector of Police, Central Crime Branch, O/o. The Commissioner of Police, Chennai City, Chennai.

... Respondent in both the petitions.

Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to summon the respondent herein and punish him for having committed contempt of orders of this Court in Crl.O.P.Nos.31822 and 31828 of 2013 respectively dated 12.8.2014.

For Petitioner : Mr.G.Karthikeyan, in both the petitions.

For Respondent : Mr.Mohamed Riyaz, Govt. Advocate (Crl. Side) COMMON ORDER Heard the learned counsel appearing for the petitioner and the learned Government Advocate (Crl.Side), representing the respondent in both the petitions.

2. The present contempt petitions are filed for non-compliance of the the order of this Court dated 12.8.2014 made in Crl.O.P.Nos.31822 and 31828 of 2013 respectively.

3. Learned Government Advocate (Crl. Side) representing the respondent has filed a status report which is to the effect that F.I.Rs. in Crime Nos.161 and 162 of 2002 on the file of Central Crime Branch, Team-III, Chennai, originally after investigation were closed as 'mistake of fact'. But, the RCS notice along with closure report could not be served on the petitioner-complainant as the report was found to be lost in the course of shifting of the office of the Commissioner to new office and in pursuance of the same, appropriate direction was issued by the Deputy Commissioner of Police, Central Crime Branch, Chennai to re-open the cases and to conduct further investigation and accordingly, the cases are re-opened and further investigation is going on and the petitioner has also been co-operating with the investigating officer.

4. In view of the aforesaid position, this Court feels, no further order is warranted in the contempt petitions. The contempt petitions are hence, closed with a direction issued to the respondent police to complete the

investigation in Crime Nos.161 and 162 of 2002 under the direct supervision of Additional Commissioner of Police, Central Crime Branch, Chennai and by sending periodical report to the Commissioner of Police, Central Crime Branch, Chennai, and to file final report in the manner known to law as expeditiously as possible.

sbi SD/- DEPUTY REGISTRAR(OS) //Certified to be true copy// Dated at Madras this the day of 2015. 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/5/10/2015 One CC to M/s.G.Karthikeyan, Advocate Sr.No.45714/15 One Cc to M/s.G.Karthikeyan, Advocate Sr.No.45713/15 To 1.The Additional Commissioner of Police Central Crime Branch, Chennai 2.The Commissioner of Police Central Crime Branch, Chennai 3.The Public Prosecutor, HighCourt, Madras 4.Mr.Gunasekaran Inspector of Police Central Crime Branch o/o The Commissioner of Police Chennai City, Chennai