A.Mani v. Martin Premraj

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2016

CORAM

THE HON'BLE MR.JUSTICE S.NAGAMUTHU and THE HON'BLE MR.JUSTICE V.BHARATHIDASAN Contempt Petition No.2311 of 2015 A.Mani .. Petitioner Vs Martin Premraj .. Respondent Prayer: Contempt Petition filed under Section 10 of the Contempt of Courts Act to punish the respondent for non-compliance of the order passed by the learned Judicial Magistrate No.V, Vellore in Crl.M.P.No.700 of 2015 dated 21.04.2015.

For Petitioner :

Mr.S.Sugendran For Respondent :

Mr.Shanmuga Velayudam, Public Prosecutor ***

ORDER

[Order of the Court was made by S.NAGAMUTHU,J] The petitioner is the defacto complainant in a case in Cr.No.293 of 2013 on the file of the Annaikattu Police Station. On completing the investigation, a negative final report was filed. The petitioner filed a protest petition in Crl.M.P.No.700 of 2015.

2.

In that protest petition, the learned Magistrate

issued a direction by order dated 21.04.2015 to the respondent Martin Premraj, who was the then Inspector of Police, Pallikondan Police Station, to do further investigation and to submit a final report. On the allegation that such further investigation has not been so far done, the petitioner has come up with this Contempt Petition.

3.

Today, the Contemnor has made appearance along with his Counsel.

4.

We have heard the learned Counsel for the petitioner and the learned Public Prosecutor appearing on behalf of the respondent and we have also perused the records.

5.

The contemnor would submit that even before 21.04.2015, he was a part of a Special Team investigating into a very serious murder case. Further he was also not aware of the order passed by the learned Magistrate. He would further submit that he was placed under suspension w.e.f. 28.06.2015 and therefore, he could not do the investigation further. The said explanation of the contemnor is recorded.

6.

In view of the above, we do not find any deliberate violation or disobedience on the part of the

respondent in complying with the order passed by the learned Magistrate. Therefore, the Contempt Petition deserves to be closed. Accordingly, the same is closed. At the same time, in order to grant remedy to the petitioner, we direct the present Inspector of Police, Pallikondan Police Station to comply with the order of the learned Magistrate made in CMP.No.700 of 2015 in Cr.No.293 of 2013 dated 21.04.2015, within a further period of two months, if the final report has not been filed so far, after further investigation.

tsi 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.

To The Inspector of Police, Pallikondan Police Station, Vellore.

CO/10/06/2016 One CC to M/s.Sugendran, Advocate, SR.6405/2016