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Madras High CourtCONT P/1131/2025closed

Kavitha v. Mr. Anandha Kumar

2025-04-29Honourable Mr Justice N. Anand Venkatesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 29.04.2025

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.1131 of 2025 in Crl.OP.No.22626 of 2023 1.Kavitha 2.Varun Pranel .. Petitioners vs.

Mr.Anandha Kumar Inspector of Police Vadavalli Police Station Coimbatore District.

.. Respondent (Crime No.856 of 2021) Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for having committed contempt of this Court by disobeying the order dated 12.01.2024 passed by this Court in Crl.OP.No.22626 of 2023. For Petitioners : Mrs.Kavitha For Respondent : Mr.Priyadarsana Government Advocate (Crl.Side)

ORDER

This Contempt Petition was filed on the ground that the order passed by this Court in Crl.OP.No.22626 of 2023 dated 12.01.2024, was not complied with. 2.Mr.S.Ananda Kumar, Inspector of Police, Valparai Police Station, Coimbatore

District was present at the time of hearing.

3.When the matter was taken up for hearing today, the affidavit of the respondent was filed and the relevant portions are extracted hereunder:

9. I respectfully submit that, after perused the order passed by this Hon'ble Court in Crl.O.P.No.22626 of 2023, dated 12.01.2024, it reveals that Tr.S.Raja, Sub Inspector of Police, formerly working in Vadavalli Police Station, now working in Traffic Investigation Wing. West, Coimbatore City was present before this Court on 12.01.2024 and due to mistakenly given instruction about the stage of the case to the Learned Government Advocate.

10. I respectfully submit that the respondent police verified the mentioned STC No.5629 of 2022, it came to know that the STC NO is belongs some other crime number in C-1 Kattur Police Station, Coimbatore City.

11. I respectfully submit that, the Present Sub Inspector of Police, Vadavalli Police Station Tr.Silambarasan took up the case for investigation and went to the Scene of Occurrence and examined the witnesses and recorded their statements. During investigation, it is came to light the allegation is false which was raised against the accused. Further, it reveals that due to family dispute the complainant preferred a false and exaggerated complaint against the accused. After completion of investigation, the Sub Inspector of Police closed the case in Crime No.856 of 2021 as " Mistake of Fact" on 02.04.2025 and the same was submitted before Judicial Magistrate No.VI, Coimbatore vide Efiling No.LTN2023000274C202500122 dated 29.04.2025.

12. I respectfully submit that, RCS Notice sent to defacto complainant through registered post on 28.04.2025 4.On carefully reading the affidavit, it is clear that there was a mistake in giving instructions and STC 5629 of 2022 does not pertain to this case. That apart, in the case in hand, a closure report has been filed as 'mistake of fact' in Crime No.856 of 2021 on 02.04.2025 before the learned Judicial Magistrate-VI, Coimbatore. RCS notice has also been sent to the de facto complainant on 28.04.2025.

5.Recording the above, this contempt petition is closed. 29.04.2025 Internet:Yes Index: Yes/No Speaking Order/Non-Speaking Order KP To Mr.Anandha Kumar Inspector of Police Vadavalli Police Station Coimbatore District.

N. ANAND VENKATESH, J.

KP Contempt Petition No.1131 of 2025 in Crl.OP.No.22626 of 2023 29.04.2025