Madras High CourtCONT P/1262/2021disposed of

A.Elumalai v. Vadivel Murugan

2021-10-25Honourable Mr Justice N. Anand Venkatesh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.10.2021

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Contempt Petition No.1262 of 2021 A.Elumalai, Pudupedu Village, Via- Minjur, Ponneri Taluk, Tiruvallur District : Petitioner vs.

Vadivel Murugan The Inspector of Police, E3, Minjur Police Station, Minjur - 601 203.

Thiruvallur District.

: Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for his wilful and wanton disobedience of this Court's order, dated 11.01.2021 made in Crl.O.P.No.355 of 2021. For Petitioner : Mr.B.Dayaalan For Respondents : Mr.J.C.Durairaj Government Advocate (Crl. Side)

ORDER

This petition has been filed to punish the respondent herein for his willful disobedience of the order passed by this Court in Crl.O.P.No.355 of 2021 dated 11.01.2021.

2.Mr.S.Vadivel Murugan, Inspector of Police, Minjur Police Station is present before this Court today.

3.The learned Government Counsel appearing on behalf of the respondent submitted that the investigation was completed and a closure report was filed before the learned Judicial Magistrate-II, Ponneri. 4.The learned counsel for the petitioner submitted that the petitioner has filed a protest petition before the learned Magistrate on 11.10.2021. The learned counsel submitted that the Court below is not able to proceed further to hear the protest petition since the materials that were collected during the investigation have not been produced before the learned Magistrate. Therefore, the learned counsel sought for issuance of directions to the respondent to produce the relevant records and for a direction to the learned Magistrate to pass orders in the protest petition.

5.Taking into consideration the subsequent development, the order passed by this Court has been complied with by the respondent since the closure report has been filed before the learned Magistrate. The learned Magistrate shall proceed further to hear the protest petition. The materials collected by the respondent police during the course of investigation shall be produced before the learned Magistrate at the time of hearing of the protest petition. The learned Magistrate

shall pass orders in the protest petition, within a period of four weeks from the date of receipt of copy of this order.

6.Accordingly, this contempt petition is disposed of with the above directions.

SD/- ASSISTANT REGISTRAR(COMM.CASES) ssr //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.

GS/02/11/2021 To The Inspector of Police, E3, Minjur Police Station, Minjur - 601 203.

Thiruvallur District.