K.Raghupathy v. Meena Ips And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 05.07.2023

CORAM

THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN K.Raghupathy ... Petitioner Vs.

1. Meena, IPC., Deputy Commissioner of Police, Central Crime Branch, Greater Chennai, Vepery, Chennai - 600 007.

2. Menaka, Inspector of Police, Central Crime Branch, EDF Team -2, Vepery, Chennai - 600 007.

... Respondents Prayer:- Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971, praying to punish the respondents herein for committing contempt of Court by disobeying the order passed by this Court dated 01.04.2019 made in Crl.O.P.No.4934 of 2019.

For Petitioner : Mr.K.M.Ramesh Senior Counsel For Mr.M.G.Martinmanivannan For Respondents : Mr.S.Sugendran Additional Public Prosecutor

O R D E R

This Contempt Petition has been filed to punish the respondent for non compliance of the order dated 01.04.2019 passed by this Court in Crl.O.P.No.4934 of 2019, thereby directing the second respondent to secure the first accused and also complete the investigation in Crime No.285 of 2017 and file final report within a period of three months and also directing the first respondent to monitor the investigation.

2.

The learned Senior Counsel appearing for the petitioner submitted that so far the second respondent did not comply the order passed by this Court and also did not take any steps to secure the accused in Crime No.285 of 2015. He further submitted that in fact, the bail granted to the second accused was cancelled by this Court and even then the second respondent did not take any steps to secure the second accused so far.

3.

The learned Additional Public Prosecutor appearing for the respondents submitted that there are totally five accused in which A1 is a company and A3 died. A4 & A5 were present for investigation and as directed by this Court, the second respondent completed the investigation in Crime No.285 of 2017. Thereafter, final report has been filed and the same has been taken cognizance in C.C.No.2638 of 2020 on the file of the CCB & CBCID Special Metropolitan Magistrate Court, Egmore, Chennai. However, the second accused still absconding and fresh summons have been issued to all the accused persons. Now the case is posted on 17.09.2023 and the same is pending before the said Court for trial.

4.

In view of the above submission made by the learned Additional Public Prosecutor, the trial Court viz., the learned Metropolitan Magistrate, CCB & CBCID Special Metropolitan Magistrate Court, Egmore, Chennai, is directed to take appropriate steps to secure the second accused and proceed with trial in accordance with law.

5.

With the above directions, the Contempt Petition stands disposed of.

05.07.2023 Internet:Yes Index:Yes/No Speaking/Non speaking order rts

To

1. The Metropolitan Magistrate CCB & CBCID Special Metropolitan Magistrate Court, Egmore, Chennai.

2. The Deputy Commissioner of Police, Central Crime Branch, Greater Chennai, Vepery, Chennai - 600 007.

3. The Inspector of Police, Central Crime Branch, EDF Team -2, Vepery, Chennai - 600 007.

4. The Public Prosecutor, Madras High Court, Chennai.

G.K.ILANTHIRAIYAN, J.

rts 05.07.2023