K.Prabhakaran v. Mrs. B.Vijayakumari

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.08.2024

CORAM

THE HONOURABLE DR.JUSTICE G.JAYACHANDRAN K.Prabhakaran .. Petitioner /versus/ 1.Mrs.B.Vijayakumari, The Commissioner of Police, O/o.the Commissioner, Sankari Main Road, Linemedy, Gugai, Salem-636 006.

2.Mr.Subash, Inspector of Police, Kannankuruchi Police Station, Salem City, Salem.

.. Respondents PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, pleased to punish the respondents for their willful disobedience of the order dated 01.06.2023 made in W.P.No.14140 of 2023 on the file of the Hon'ble Court.

For Petitioner : M/s.R.Prabakar For Respondents : Mr.K.M.D.Muhilan Government Advocate (Crl.Side) 1/5

O R D E R

This Contempt Petition is filed alleging that the direction of this Court dated 01.06.2023 in W.P.No.14140 of 2023 not complied within the time prescribed.

2.

The learned Government Advocate (Crl.Side) appearing for the respondent police states that on 01.06.2023, Writ Petition filed by this petitioner seeking Mandamus to remove his name from the History Sheet maintained by the 2nd respondent was disposed of with direction to consider the representation within a period of four weeks from the date of receipt of a copy of the order. Accordingly the respondent/contemnor had considered the representation and has informed the petitioner that he has been under surveillance by the police and if he does not come under any adverse notice for the 6 months, his name will be removed from the History Sheet. This communication been sent on 15.07.2024. Affidavit filed by the Inspector of Police, Kannankurichi Police Station, indicates that out of 6 cases against this petitioner three ended in acquittal, two cases are under investigation and out of that, one case after investigation final report filed not taken on file 2/5

by the concerned Judicial Magistrate. List of cases against this petitioner is below:- Sl.No.

Police Station, Crime Number and Section of Law Stage of the case Kannankurichi P.S. Crime No.78/2015, U/s.147, 148, 342, 323, 386, 420 & 506(ii) r/w114 IPC Acquittal Kannankurichi P.S. Crime No.88/2015, U/s.147, 294(b), 323 & 506(ii), 395 & 420 IPC Under Investigation Sevvapet P.S., Crime No.90/2015, U/s.384, 420 & 506(ii) IPC Acquittal Asthampatti P.S., Crime No.159/2015, U/s.420, 294(b) & 506(ii) IPC Acquittal Sooramangalam P.s., Crime No.259/2015, U/s.147, 420, 384, 387, 120(b), 506(ii) IPC r/w3(i) of TNPPDL Act 1992 Under Investigation Kannankurichi P.s., Crime No.912 of 2022, U/s.143, 431 IPC Not taken on file 3.

This Court after perusing the details furnished in the affidavit and the reasons stated for not disposing the representation within the time frame fixed by this Court, disposing this contempt petition with direction to the respondent police to pass final order on the 3/5

representation given by the petitioner herein at the end of six months period i.e., on or before 30.01.2025.

01.08.2024 Speaking order/Non speaking order Index : Yes rpl To 1.Mrs.B.Vijayakumari, The Commissioner of Police, O/o.the Commissioner, Sankari Main Road, Linemedy, Gugai, Salem-636 006.

2.Mr.Subash, Inspector of Police, Kannankuruchi Police Station, Salem City, Salem.

4/5

Dr.G.JAYACHANDRAN,J.

rpl 01.08.2024 5/5