S.Bhuvaneswaran v. Sumithra

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2016 CORAM :

THE HONOURABLE MS.JUSTICE R.MALA Cont.P.No.2782 of 2016 S.Bhuvaneswaran .. Petitioner Vs.

Sumithra State rep by Sub-Inspector of Police, HUDCO Police Station, Hosur,Krishnagiri District, (Crime No.718/2015) .. Respondent Prayer:- Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent for willfully violating the order dated 03.03.2016 in Crl.O.P.No.4725 of 2016, passed by this Court. For Petitioner : Mr.R.BharathKumar For Respondent : Mr.M.Mohamed Riyaz Govt. Advocate (crl.side)

O R D E R

Heard the learned counsel appearing for the petitioner and Mr.Mohamed Riyaz, learned Government Advocate (crl. Side) appearing for the respondent.

2.The petitioner herein has filed Crl.O.P.No.4725 of 2016 under Section 482 Cr.P.C. seeking a direction to the respondent police to file a final report in Crime No.718 of 2015 on the file of the respondent. This Court, by order dated 03.03.2016, directed the respondent therein to investigate the matter as expeditiously as possible and file a final report within a period of three months from the date of receipt of a copy of the said order. 3.According to the petitioner, the respondent/contemnor, who is the respondent therein, has neither investigated the matter nor filed the final report and that he has willfully disobeyed the order passed by this Court. Hence, the petitioner, has filed the present contempt petition.

4. When the matter is taken up on 24.11.2016, the respondent/contemnor has been transferred to Krishnagiri Town Police Station on 24.01.2016 and on the date of passing of the order in Crl.O.P.No.4725 of 2016, the respondent was not the office-in-charge of the respondent police station. Hence, for the production of the transfer order and for filing counter, the matter was directed to be posted today.

5. Today, the respondent/contemnor Ms.Sumithra is present and filed affidavit, stating that on 24.01.2016, she was transferred to Krishnagiri Town Police Station and on 25.01.2016, she was relieved from the respondent police station and therefore on the date of passing the order in Crl.O.P.No.4725 of 2016, she was not office-in-charge of the respondent police station. She has filed Transfer Order and General Diary dated 25.01.2016, to that effect.

6. In view of the same, this Contempt petition stands dismissed.

7. The counter affidavit is filed by One K.Gunasekaran, the Present Sub Inspector of Police, of HUDCO [L & O] P.S.,Krishnagiri District, today and the same will not give helping hands to the petitioner. SD/- JOINT REGISTRAR(OS) arr //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.

SM/22/12/2016

To Sumithra The Sub-Inspector of Police, HUDCO Police Station, Hosur,Krishnagiri District, One CC to M/s.R.Bharath Kumar, Advocate, SR.15855/16