C Mariappan v. N.Manoharan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.02.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN in Crl.OP.No.5695 of 2019 C.Mariappan ..Petitioner Vs.

N.Manoharan, The Inspector of Police, Pochampalli Police Station, Krishnagiri District ..Respondent PRAYER:

Contempt filed under Section 11 of the Contempt of Courts Act to punish the respondent for willfully disobeying the order of this Court dated 04.03.2019 passed in Crl.OP.No.5695 of 2019.

For Petitioner : Mr.P.Rathanavel For Respondent : Mr.Charles Premkumar, Government Advocate(Crl.side)

ORDER

This petition has been filed to punish the respondent for disobedience of the order passed by this Court dated 04.03.2019 in Crl.OP.No.5695 of 2019 thereby directed the respondent to complete the investigation in Cr.No.470 of 2017 and file final report within a period of three months from the date of receipt of the order copy. 2.

The learned Government Advocate(Crl.side) submitted that this Court already directed the respondent to register the case in Cr.No.470 of 2017. In fact, on the very same day, they examined all the witnesses and referred the same as mistake of fact. Thereafter, referred charge sheet was also served to the petitioner on 27.11.2020 in RCS.No.39 of 2017. Now the final report is pending on the file of the Judicial Magistrate, Pochampalli. 3.

The learned counsel for the petitioner would submit that after direction issued by this Court, the respondent registered case in Cr.No.470 of 2017. After filing contempt petition before this Court, the respondent now issued RCS.No.39 of 2017 only on 27.11.2020.

4.

However, the respondent completed investigation and referred the matter as mistake of fact and also filed final report before the Judicial Magistrate, Pochampalli in RCS.No.39 of 2017. On receipt of notice from the Judical Magistrate, Pochampalli, the petitioner is at liberty to file protest petition in accordance with law.

5. Accordingly, this contempt petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) lok //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

IM/19/02/2021 To 1.The Inspector of Police, Pochampalli Police Station, Krishnagiri District.

2.The Public Prosecutor, High Court of Madras.