Mohamed Siddique v. P. Dillybabu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 31.08.2020

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Mohamed Siddique, S/o.A.Enayathulla, No.4, Muslim Pathumanai Street, Mozhaiyur Road, Uluthukuppai Village, Mayiladuthurai Talukka, S.S.Nallur-Post, Pin Code-609 118.

New at No.143, Victoria Road, Barking-IG118PZ, England

...Petitioner

Vs.

P.Dillybabu, The Inspector of Police, Mayiladuthurai Police Station, Nagapattinam District.

...Respondent

PRAYER: Contempt Petition filed under under article 11 of Contempt of Courts Act praying to punish the respondent for committing contempt of Court by willfully disobeying the orders passed in Crl.O.P.No.617 of 2020 dated 13.01.2020. For Petitioner : Mr.G.Ravikumar For Respondent : Mr.S.Karthikeyan Additional Public Prosecutor 1/4

ORDER

This petition has been filed to punish the respondent for willful disobeyance of the order passed by this Court in Crl.O.P.No.617 of 2020 dated 13.01.2020.

2. The learned counsel for the petitioner would submit that the petitioner filed petition for direction directing the respondent police to complete the investigation and file a final report in Crime No.751 of 2018 on the file of the respondent in Crl.O.P.No.617 of 2020 and this Court by an order dated 13.01.2020 directed the respondent to complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order. Even till today, the respondent did not comply the order passed by this Court. He further submitted that infact the petitioner applied for certified copy of the charge sheet and other related documents before the Court concerned and it was returned with the endorsement that no charge sheet has been filed by the respondent herein, no such documents are available filed by the respondents.

3. The learned Additional Public Prosecutor submitted that even before direction issued by this Court the respondent completed the investigation and closed "as mistake of fact" and served the referred charge sheet before the Judicial 2/4

Magistrate-I, Mayiladuthurai.

4. Considering the above submission made by the learned Additional Public Prosecutor and also on perusal of the copy application filed by the petitioner with the endorsement that no documents filed by the respondents till 21.08.2020, the respondent is directed to serve the copy of the referred charge sheet notice to the petitioner forthwith and file a copy of the same before the Court concerned within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the petitioner is at liberty to file protest petition in the manner known to law, if so advised.

5. With the above direction, this petition is disposed of. SD/- ASSISTANT REGISTRAR(COMM.CASES) mpa //Certified to be true copy// Dated at Madras this the day of 2020. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

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SMI/23.09.2020 To 1.The Inspector of Police, Mayiladuthurai Police Station, Nagapattinam District.

2.The Public Prosecutor, High Court, Madras.

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