Madras High CourtCONT P/1927/2015closed

R.Sankar v. D.Rajaingam

2015-09-07Honourable Ms. Justice K.B.K. Vasuki3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.09.2015

CORAM:

THE HONOURABLE MS.JUSTICE K.B.K.VASUKI Contempt Petition No.1927 of 2015 R.Sankar ... Petitioner Vs.

Mr.D.Rajaingam The Inspector of Police for Kalpakkam and Koovathoor, Koovathoor Police Station, at Koovathoor, Kancheepuram District.

... Respondent Prayer : This petition filed under Sections 11 and 12 of Contempt of Court Act 1971, to punish the respondent for committing contempt of this Court's order made in Criminal O.P.No.26689 of 2014, dated 25.09.2014.

For Petitioner : M/s.B.Dayalan For Respondent : Mr.Mohamed Riyaz, Government Advocate (Crl.

Side)

ORDER

The learned counsel appearing for the petitioner as well as the learned Government Advocate (Crl. Side) are present.

2. The learned Government Advocate (Crl. Side) produced a copy of the FIR in Crime No.40 of 2015 dated

11.02.2015, for the offences under Section 465, 467, 468, 471 r/w. 34 IPC, registered on the basis of the complaint given by one R.Shankar against Dhanalakshmi, Subramani, Sampath, Kumar and Radhakrishnan.

3. According to the learned Government Advocate (Crl. Side), this FIR is based on the complaint dated 05.09.2014 and the FIR is registered after receiving a fresh copy of the complaint dated 05.09.2014 on 29.10.2014. It is sought to be explained herein that having regard to the date on which the complaint was received, the occurrence date in column No.3A of the FIR is mentioned as before 29.10.2014. It is further sought to be explained that having regard to the date on which FIR is registered on 11.02.2015 in Column No.3B of the FIR, information received at Police Station date is mentioned as 11.02.2015. In short, though the FIR is registered on the basis of the complaint dated 05.09.2014, a fresh copy of the complaint was received on 29.10.2014 and the same is registered on 11.02.2015 and the FIR is in respect of the allegation raised in the complaint dated 05.09.2014, which is the petition mentioned complaint in Crl.O.P.No.26689 of 2014.

4. As the entry made in the FIR is likely to create some confusion regarding the date of occurrence and the date on which the information is received at the Police Station at the appropriate later stage, this Court is inclined to clarify the same as above referred to. This Court further directs that this order shall be treated as forming part of the FIR.

5. With the above direction, this Contempt Petition is closed.

ogy Note:

The Registry is directed to mark a copy of this order to the Judicial Magistrate, Thirukazhulkkundram. SD/- DEPUTY REGISTRAR(CLAA) //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/07/10/2015 One CC to M/s B.Dayalan, Advocate, Sr.No.11578. To 1.The Judicial Magistrate, Thirukazhulkkundram.

2.The Public Prosector, High Court, Madras-104 3.Mr.D.Rajaingam The Inspector of Police for Kalpakkam and Koovathoor, Koovathoor Police Station, at Koovathoor, Kancheepuram District.