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Madras High CourtCONT P/781/2023closed

Aruna v. Jayavel

2023-07-11Honourable Mr Justice A.D.Jagadish Chandira6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Contempt Petition No.781 of 2023 Aruna ... Petitioner Vs.

Jayavel The Inspector of Police (I/C), Salavakkam Police Station, Salavakkam, Uthiramerur Taluk, Kancheepuram District.

... Respondent PRAYER : Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondent herein for their act of wilful disobedience of order passed by this Court in Crl.O.No.6476 of 2022 dated 22.03.2022.

For Petitioner : Mr.A.Ramalingam For Respondent : Mr.S.Vinoth Kumar Government Advocate (Crl.Side) 1/6

O R D E R

This petition has been filed to punish the respondent for non compliance of the order passed by this Court in Crl.O.P.No.6476 of 2022 dated 22.03.2022.

2. The learned counsel for the petitioner would submit that being not satisfied with the manner of the investigation and the registration of the case for the relevant offences, the petitioner had approached this Court in Crl.OP.No.6476 of 2022 seeking direction to the second respondent to alter the offence under Sections 294(B), 324 and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002 into Sections 294(B), 324, 354, 307, 506(1) of IPC and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act, 2002. This Court by order dated 22.03.2022 had directed the petitioner to approach the second respondent along with the materials available and also directed to conduct the investigation based on the materials produced by the petitioner. The Deputy Superintendent of Police, Madhuranthagam was directed to monitor the investigation and the second respondent was directed to file the final report as expeditiously as possible, preferably within a period of three months. However, the final 2/6

report was not filed by the respondent and thereby, the present contempt petition has been filed.

3. The respondent has filed a Status Report.

4. The learned Government Advocate (Crl.Side) appearing for the respondent would submit that based on the complaint given by the petitioner, the case was registered in Crime No.79 of 2022 for offence under Sections 294(b), 324 and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. Subsequently, after the order was passed by this Court, the petitioner had appeared before the respondent along with the materials available with him. The case was also monitored by the Deputy Superintendent of Police, Kancheepuram. Based on the materials and the statement recorded from the witnesses, the final report has been filed for offences under Sections 294(b), 323, 324, 506(2) r/w 34 IPC and Section 4 of Tamil Nadu Prohibition of Harassment of Women Act, 2002. He would further submit that in due compliance of the order dated 22.03.2022, the final report was filed within a period of two months on 16.05.2022 and the order has been strictly complied with. He further submitted that as on date, the 3/6

case is taken up for trial in CC.No.39 of 2022 on the file of the Judicial Magistrate, Uthiramerur.

5. Heard the learned counsel for the petitioner and the learned Government Advocate (Crl.Side) and perused the materials available on record.

6. This Court by order dated 22.03.2022 directed the respondent to conduct further investigation based on the materials furnished by the petitioner and also directed the Deputy Superintendent of Police to monitor the investigation. The investigation has been monitored by the Deputy Superintendent of Police, Kancheepuram and the final report has also been filed on 16.05.2022. The order has been duly complied and the final report has also been filed within a period of two months on 16.05.2022.

7. This Court finds that the order of this Court dated 22.03.2022 has been duly complied and no contempt has been committed by the respondent, and thereby, this Court is inclined to close the contempt petition. Accordingly, this Contempt Petition is closed. 11.07.2023 drl 4/6

To

1. The Inspector of Police (I/C), Salavakkam Police Station, Salavakkam, Uthiramerur Taluk, Kancheepuram District.

2. The Public Prosecutor, High Court of Madras.

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A.D.JAGADISH CHANDIRA.,J.

drl 11.07.2023 6/6