Madras High CourtCONT P/2317/2016closed

B.Velavan v. Kumar

2016-12-15Honourable Mr Justice P. N. Prakash4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.12.2016

CORAM:

THE HON'BLE MR.JUSTICE P.N.PRAKASH Cont. Petition No.2317 of 2016 B. Velavan ..

Petitioner vs.

Mr. Kumar Inspector of Police Paramathi Velur Police Station Namakkal District .. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971, seeking to punish the respondent for contempt for wilfully disobeying the order dated 15.04.2015 in Crl.O.P.No.7789 of 2015.

For petitioner Mr. M. Guruprasad For respondent Mr. C. Emalias Additional Public Prosecutor

ORDER

This contempt petition has been filed alleging non compliance of the order dated 15.04.2015 passed in Crl.O.P. No.7789 of 2015. 2.Today, Mr. C. Ganapathy, Inspector of Police, Velur P.S., Namakkal District is present before this Court.

3.On instructions, Mr. C. Emalias, learned Additional Public Prosecutor submitted that on the complaint given by the petitioner, a petition enquiry was conducted in CSR No.291 of 2016 and thereafter, a regular FIR has been registered in Cr. No.666 of 2016 on 13.11.2016 under Sections 465, 471 and 406 IPC against one Senthil Kumar and others.

4.On a reading of the FIR in Cr. No.666 of 2016, it is seen that the allegation in the complaint in Cr. No.666 of 2016 would warrant investigation by the District Crime Branch and not the local police who are equipped in handling only law and order issues. 5.Under such circumstances, this Court transfers the investigation in Paramathi Velur P.S. Cr. No.666 of 2016 to the District Crime Branch, Namakkal. The Inspector of Police, Paramathi Velur P.S., is directed to hand over the case diary to the Deputy Commissioner of Police, District Crime Branch, Namakkal, within four weeks from the date of receipt of a copy of this order. The District Crime Branch, Namakkal is directed to conduct a thorough investigation on the petitioner's complaint and take action in accordance with law. It is needless to state that during investigation, if it is found that the allegations are not true, the District Crime Branch shall close the case. If the allegations are

true, the District Crime Branch shall proceed further in accordance with law.

With the above observations, this Contempt Petition is closed. To The Inspector of Police Paramathi Velur Police Station Namakkal District The Superintendent of Police Namakkal District The Deputy Commissioner of Police District Crime Branch Namakkal 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.

Sm/CO/28/12/2016