Madras High CourtCONT P/1110/2016closed

G.Kothandapani v. Krishnan

2016-06-17Honourable Mr Justice R.Subbiah3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2016

CORAM

THE HONOURABLE MR. JUSTICE R.SUBBIAH Contempt Petition No.1110 of 2016 G.Kothandapani ... Petitioner vs.

Krishnan, Inspector of Police, Padalam Police Station, Padalam Village, Maduranthagam Taluk, Kancheepuram District.

... Respondent Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent herein for wilfully disobeying the order of this Court dated 5.11.2015 passed in Crl.O.P.No.27365 of 2015. For Petitioner :

Mr.P.Wesley Isaac For Respondent :

Mr.P.Govindarajan, Addl. Public Prosecutor

ORDER

This Court, by an order dated 5.11.2015, in Crl.O.P. No.27365 of 2015, directed the respondent herein to complete the investigation in respect of Crime No.353 of 2015 pending on his file and file a final report as expeditiously as possible. Alleging that the said order has

not been complied with, the present contempt petition has been filed.

2. Today, when the matter was taken up for consideration, the respondent filed a detailed counter, in which it has been stated that in Crime No.353 of 2015, on completion of investigation, the respondent referred the case as "Action dropped" on 25.2.2016 and the same was submitted to the petitioner vide RCS No.1/2016 by post and the petitioner has also received the said notice and submitted his acknowledgment by post on 14.3.2016. Thereafter, the said final report was filed by him before the learned Judicial Magistrate No.I, Chengalpattu, on 11.3.2016. Thus, the order of this Court has been complied with.

3. Further, the learned Additional Public Prosecutor submitted that after receiving the Referred Charge Sheet, the petitioner has filed a protest petition before the learned Judicial Magistrate No.I, Chengalpattu praying for re-investigation by the Deputy Superintendent of Police and the learned Judicial Magistrate No.I, Chengalpattu has also ordered the Deputy Superintendent of Police, Chengalpattu Sub Division to conduct reinvestigation. Thus, he has submitted that the order of this Court has been complied with and prays for dismissal of the contempt petition.

4. In view of the said statement made in the counter affidavit and in view of the said submission made by the learned Additional Public Prosecutor, I am of the opinion, nothing survives in this contempt petition and hence, the contempt petition is closed.

sbi 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/15/07/2016