Madras High CourtCONT P/2198/2015closed

K.Senthil v. M.Magesh

2016-08-17Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Cont.P.No.2198 of 2015 K.Senthil ... Petitioner Vs Mr.Magesh, Inspector of Police, Varanjaram Police Station Varanjaram, Kallakurichi Taluk, Villupuram District.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for having violated the orders passed by this Hon'ble court in Crl.O.P.No.10274 of 2010 dated 07.08.2014.

For Petitioner : Mr.K.Premnath For Respondent : Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This Contempt Petition has been filed to punish the respondent for having violated the orders passed by this Court in Crl.O.P.No.10274 of 2010 dated 07.08.2014.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. On the complaint given by one Karuppan, the respondent police registered a case in Cr.No.152 of 2007 on 04.09.2007 u/s 420 IPC against this petitioner. The petitioner filed Crl.O.P.No.10274 of 2010 before this Court for quashing the FIR in Crime No.152 of 2007. This Court dismissed the Crl.O.P.No.10274 of 2010 on 07.08.2014 with a further direction to the respondent police to complete the investigation in Cr.No.152 of 2007 and file a final report. Since no final report was filed, the petitioner, who is the accused in this case has filed the present contempt application.

4. Today, when the contempt application was taken up for hearing, Mr.E.Magesh, Inspector of Police, Kattumannarkoil Police Station, who was earlier Inspector of Police of Varanjaram Police Station and Mr.T.Nandagopal, Sup Inspector of Police, Varanjaram Police Station are present. They produced the case diary before this Court, which shows that the investigation in Cr.No.152 of 2007 was completed as early as 19.02.2008 and the prosecution against the petitioner has been dropped. Unfortunately, he was not aware of this fact and therefore, he has filed Crl.O.P.No.10274 of 2010 and got an adverse order from this Court. In view of the fact that the case in Cr.No.152 of 2007 has been closed as "action dropped", this Contempt

Petition is closed.

kmi/gms Sd/- JOINT REGISTRAR(OS) //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.

CO/02/09/2016 One CC to Mr.S.Vijayan, Advocate, Sr.No.10577/2016