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Madras High CourtCONT P/1041/2022closed

S.Illavenil v. Mr. Velmurugan

2023-06-16Honourable Mr Justice G. Chandrasekharan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.06.2023

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN S.Ilavenil ... Petitioner Vs.

Velmurugan The Inspector of Police, V-5, Thirumangalam Police Station, Anna Nagar West Extension, Chennai - 600 101.

... Respondents PRAYER: Contempt petition filed under Section 11 and 12 of the Contempt of Courts Act, 1971 praying to punish the respondent for wilfully disobeying the order dated 25.02.2022 passed by this Court in Crl.O.P.No.4487 of 2022.

For Petitioner : Mr.J.Deliban.M.Gopi For Respondent : Mr.Leonard Arul Joseph Selvam Government Advocate (Crl. Side) Page No.1/6

ORDER

This Contempt Petition is filed to punish the respondent for wilfully disobeying the order dated 25.02.2022 passed by this Court in Crl.O.P.No.4487 of 2022.

2. Learned counsel for the petitioner submitted that, petitioner filed Crl.O.P.No.4487 of 2022 seeking direction to the respondent to complete the investigation in Crime No.589 of 2021 and file final report, else issue Non-traceable certificate to the petitioner. Petitioner's vehicle bearing No.TN02 BQ 8690 parked at No.57, G-1, Golden Leisure Square, Balaji Nagar, Padi Kuppam Road, Chennai - 600 040, went missing on 15.08.2021. On the basis of the complaint, first information report in Crime No.589 of 2021 for the offence under Section 379 IPC was registered. 2.1. It is his further submission that, while dealing with the matter, this Court directed the 2nd respondent therein to expedite the investigation and complete investigation by taking all efforts to secure the accused and two wheeler within a period of one month from the date of the order. In the event of failure to trace the vehicle, the respondent was directed to issue Non-Traceable Certificate to the petitioner for facilitating him to claim Page No.2/6

insurance. Though this order was passed on 25.02.2022, it is submitted by the learned counsel for the petitioner that, Non-Traceable Certificate was issued only on 11.10.2022, after a period of eight months. Thus, this petition.

3. In response, learned Government Advocate (Criminal side) submitted that, there was no deliberate intention on the part of the respondent to commit the contempt of the Court. This delay has occurred due to reasons beyond the control of the respondent. The affidavit of the respondent is filed, to show the efforts taken by the respondent police for arresting the accused and tracing the vehicle. Respondent is not the investigating officer in this case. The case was investigated by one Kumar, Sub-Inspector of Police. After investigation, the Sub-Inspector filed a report as "Undetected" before the learned XIII Metropolitan Magistrate Court, Egmore, Chennai and RCS notice has also been issued to the petitioner. Respondent rendered his unconditional apology for any wrong doing .

4. In reply, learned counsel for the petitioner submitted that, after Page No.3/6

this Court passed an order in Crl.O.P.No.4487 of 2022, he visited the police station in person and sought for Non-Traceable Certificate multiple times. Despite that, respondent has not chosen to issue Non-Traceable Certificate immediately. Therefore, he pressed that the respondent to be punished for contempt of Court.

5. Considered the submissions and perused the records.

6. Considering the aforesaid facts narrated in this case, there was a specific direction either to take efforts to trace the vehicle or to issue NonTraceable Certificate within a period of one month from 25.02.2022. Final report was made ready in May 2022, but it was filed in the Court only in October 2022. Thus, this Court finds that, there is a lack of interest shown in complying with the Order passed by this Court, by the Investigation Officer and by the respondent. Respondent, who is the superior officer of the Investigation Officer (Sub-Inspector of Police) should have taken steps for earlier completion of the investigation and filing of final report and issuance of Non-Traceable Certificate. Since, it is not done, the respondent committed contempt of this Court's Order. However, considering the fact Page No.4/6

that, the respondent is not the investigation officer and that, he failed to exercise proper supervision over the Investigation Officer in investigating the case and filing final report, this Court instead of punishing the respondent, directs the respondent to pay a costs of Rs.1,000/- to the Chief Justice Relief Fund, within a period of two weeks from the date of receipt of a copy of this Order. Failing to pay, would invite consequences.

7. Accordingly, the Contempt Petition is closed, with a direction to the respondent to pay a costs of Rs.1,000/- to the Chief Justice Relief Fund within a period of two weeks from the date of receipt of a copy of this Order.

16.06.2023 gd To 1.The The Inspector of Police, V-5, Thirumangalam Police Station, Anna Nagar West Extension, Chennai - 600 101.

2.The Public Prosecutor, High Court of Madras.

Page No.5/6

G.CHANDRASEKHARAN.J., gd 16.06.2023 Page No.6/6