Madras High CourtCONT P/398/2017closed

P.K.Velumani v. Ashok Kumar

2017-03-02Honourable Mr Justice P. N. Prakash3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.03.2017

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Contempt Petition No.398 of 2017 P.K.Velumani ..Petitioner v.

Ashok Kumar Inspector of Police Pallipalayam Police Station , Pallipalayam, Namakkal District ..Respondent Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the respondent for the non compliance of the order passed in Crl.O.P.No.13353 of 2016 dated 27.06.2016.

For Petitioner : Mr. N.Chinnaraj For Respondent : Mr.C.Emalias, APP

O R D E R

This court passed the following order in Crl.O.P.No.13353 of 2016 on 27.06.2016:- "4. However, the respondent-police is directed to complete the investigation and file a Final Report or a Closure Report as the case may be, expeditiously, under due intimation to the de facto complainant.

With the above direction, this petition is closed".

2. This Contempt Petition has been filed by the petitioner on the premise that the police have not complied with the order dated 27.06.2016.

3.Today, when the matter was taken up for hearing, Mr.R.Ashok Kumar, Inspector of Police, Pallipalayam Police Station, Namakkal District, is present.

4. Mr.C.Emalias, learned Additional Public Prosecutor, on instructions, submitted that though no time limit was prescribed in the order dated 27.06.2016, yet, the police have completed the investigation in Crime No.112 of 2016 and have closed the case as "mistake of fact"on 29.09.2016 itself. The closure report namely R.C.S.No.33 of 2016 has been served on the petitioner/defacto complainant on the same day.

5. It is represented that the police have not filed the closure report before the Jurisdictional Magistrate.

6. In view of the above, this Contempt Petition is closed with a direction to the respondent police to file

the closure report before the Judicial Magistrate, Thiruchengode, within a period of two weeks from today. Sd/- JOINT REGISTRAR (OS) //Certified to be true copy// Dated at Madras this the day of 2017. 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/09/03/2017 To 1.Mr.Ashok Kumar Inspector of Police Pallipalayam Police Station Namakkal District 2.the Public Prosecutor, High Court, Madras-104 One CC to M/s.N.Chinnaraj,Advocate, Sr.No.3603/16