R.Ravi v. Thiru.Ramamoorthy

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 14.11.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Cont.P.No.2786 of 2016 R.Ravi ... Petitioner Vs Thiru.Ramamoorthy Inspector of Police, Sathuvachari Police Station, Vellore District.

... Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for his willful disobedience of the order passed in Crl.OP.No.9889 of 2015 dated 20.04.2015.

For Petitioner : Mr.B.Sundara Pandiyan For Respondent : Mr.C.Emalias, Additional Public Prosecutor

O R D E R

This Contempt Petition has been filed alleging willful disobedience of the order issued by this Court on 20.04.2015 in Crl.OP.No.9889 of 2015.

2. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. Mr.M.Pugazhenthi, Inspector of Police, Sathuvachari Police Station, Vellore District is present today.

4. In Crl.OP.No.9889 of 2015, this Court has passed the following order on 20.04.2016:

"3. It is seen that a case has been registered in Crime No.498 of 2014 on 23.12.2014. Hence, the respondent police is directed to conduct enquiry as expeditiously as possible and file a final report or a closure report as the case may be, before the concerned Court and intimate the same to the petitioner herein.

Thereafter, the petitioner is directed to workout his remedy in the manner known to law."

5. It is the grievance of the petitioner that the respondent police have not complied with the order of this Court.

6. The learned Additional Public Prosecutor submitted that the police are not able to make any progress in the investigation, because the petitioner/de facto complainant is not co-operating, inasmuch as three or four summons were issued to the petitioner asking him to come for an enquiry, but he did not turned up.

7. Per contra, Mr.B.Sundara Pandian, the learned counsel appearing for the petitioner submitted that the petitioner is always ready and willing to co-operate with the police for enquiry.

8. The learned Additional Public Prosecutor submitted that if the petitioner take steps to survey the land through Taluk Surveyor, the police will give necessary protection to the Taluk Surveyor, who comes for survey.

9. In the order dated 20.04.2015, this Court has not given any time bound direction for the investigation to the completed and therefore, no statutory notice can be issued. The petitioner is directed to co-operate with the police for enquiry.

10. With the above observation and directions, this Contempt Petition is closed.

JOINT REGISTRAR(OS) DS //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.

SS/CO/14/12/2016

To:

1.Thiru.Ramamoorthy Inspector of Police, Sathuvachari Police Station, Vellore District.

2. The Public Prosecutor High Court, Madras.