T Bharathi v. Dhanalakshmi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.02.2021

CORAM

THE HON'BLE MR. JUSTICE G.K.ILANTHIRAIYAN in Crl.OP.No.10620 of 2019 T.Bharathi Vinayaga puram, Pandithappattu Village, Thiruvannamalai District .. Petitioner Vs.

Dhanalakshmi, Inspector of Police, Thandarampattu Police Station, Thiruvannamalai Taluk, Thiruvannamalai District .. Respondent PRAYER:

Contempt filed under Section 11 of the Contempt of Courts Act to punish the respondent herein for her willful and deliberate intention, not to obey the order dated 23.04.2019 passed by this Court in Crl.OP.No.10620 of 2019 under Section 11 of the Contempt of Court Act, 1971. For Petitioner : Mr.N.Elumalai For Respondent : Mr.L.Charles Premkumar, Government Advocate(Crl.side) 1/3

ORDER

This petition has been filed to punish the respondent for wilful disobedience of the order passed by this Court in Crl.OP.No.10620 of 2019 dated 23.04.2019 thereby directed the respondent to conduct investigation on the basis of the representation and documents produced by the petitioner in Cr.No.51 of 2019.

2.

The Cr.No.51 of 2019 was initially registered for the offences under Section 147, 148 and 324 of IPC. The contention of the petitioner is that there are incriminating evidence to attract the offence under Section 307 of IPC and as such directed the respondent to conduct enquiry and if any prima facie case made out for the offence under Section 307 of IPC, the respondent was directed to alter the offence accordingly.

3.

The learned Government Advocate (crl.side) submitted that on perusal of the representation as well as the documents produced by the petitioner, the respondent conducted investigation and found no prima facie case made out to attract offence under Section 307 of IPC. However, there are material to charge the accused for the offence under Section 326, 506 (ii) of 2/3

IPC. Accordingly, now charges altered into offence under Sections 147, 148, 326 and 506(ii) of IPC in Cr.No.51 of 2019 and the entire investigation is almost completed and they are about to file final report. 4.

Considering the above submission, no contempt is made out as against the respondent. Therefore, this contempt petition is dismissed. However, the respondent is directed to complete the investigation and file final report in Cr.No.51 of 2019 within a period of four weeks from the date of receipt of copy of this order before the Judicial Magistrate concerned. 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.

GS/26/04/2021 To 1.The Inspector of Police, Thandarampattu Police Station, Thiruvannamalai Taluk, Thiruvannamalai District 2.The Public Prosecutor, High Court of Madras 3/3