R.Vijayalakshmi, v. Mr.Samidurai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.04.2017

CORAM:

THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN Cont.P.No.3121 of 2016 R.Vijayalakshmi .. Petitioner Vs.

Mr.Samidurai .. Respondent Contempt Petition filed under Section 11 of the Contempt of Courts Act to punish the respondent for for disobeying the order of this Court in Crl.O.P.No.26570 of 2013 passed on 06.02.2014.

For petitioner : Mr.M.Mohan For respondent : Mr.P.Muthukumar, Govt. Advocate (Crl.Side)

ORDER

This Court, by order dated 06.02.2014 in Crl.O.P.No.26570 of 2013, directed the respondent-Police to investigate the matter (in connection with Crime No.36 of 2013 on the file of the respondent-Police) as expeditiously as possible and to file the charge sheet within a period of six months from the date of receipt of a copy of the order. The respondent-contemner has filed Status report dated 27.03.2017 (produced before Court on 18.04.2017) stating that after investigation, further action has been dropped on 25.03.2017 and the final report was filed before the

Tahsildar, Sendurai, Ariyalur District. For better appreciation, it is worthwhile to extract paragraphs 9 and 10 of the status report:

"9. I submit that Tr.K.Karunanidhi, after taken a charge as Inspector of Police on March 2017, took up this case for further investigation. On careful scrutiny and on perusal of records, he examined the above said 16 witnesses and all of them corroborated the same version which was given to the earlier investigation officer. Further the Inspector of Police on seeing the final opinion, he examined concerned Government Officials to that effect and their statements were recorded.

10. I submit that the final opinion revealed that, "the deceased would appear to have died of asphyxia due to constriction of neck". Further the Inspector of Police, based on the available records, he made further investigation and after completion of his detailed investigation, he came to the conclusion that the said case was referred as "Further Action Dropped" on 25.03.2017 and a final report was filed before the Tahsildar, Sendurai, Ariyalur District and also sent a copy to Deputy Superintendent of Police, Ariyalur."

2. Further, in the said status report, the respondentcontemner has tendered unconditional apology, and the same is hereby accepted. If the petitioner is still aggrieved by the further action taken report filed before the Tahsildar, as extracted above, it is open for the petitioner to challenge the same in accordance with law.

3. With the above liberty, the Contempt Petition is disposed of.

SD/ JOINT REGISTRAR(OS) //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.

GSR/CO/17/05/2017 Copy to

1. The Public Prosecutor, High Court, Madras.

2. The Inspector of Police, Sendurai Police Station, Ariyalur District.