Vasanthi v. N. Girish

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :27.04.2022

CORAM

THE HON'BLE MR.JUSTICE M.S.RAMESH 1.Vasanthi, 2.Vijaya Karikalan, 8,Nehur Street, Kalappatti East Village, Coimbatore-641 035 3.P.Ponnusamy 92, Nehru Street, Coimbatore- 641 092 4.Tamilselvan, 157, Patel Street, Veeriyampalayam, Kalapatti Post, Coimbatore-641 048.

5.R.Kathirvel, 161, Neelikonampalayam Main Road, Uppilipalayam, Coimbatore-641 015 ..Petitioners Vs.

Mr.N.Girish, Inspector of Police, City Crime Branch, Coimbatore City, Coimbatore.

..Respondent Prayer: Contempt Petition filed Under Section 11 of the Contempt of Court Act, 1971 praying to punish the respondent for wilful disobedience of the order dated 28.11.2019 made in Crl.M.P.No.17759 of 2019 in Crl.O.P.No.32302 of 2019.

For Petitioners : Mr.N.Ponraj For Respondent : Mr.L.Baskaran Government Advocate (Criminal Side)

ORDER

The averments in the Contempt Petition is that though this Court had granted interim order of stay of further proceedings in Crime No.28/2019, dated 30.05.2019, the respondent herein had filed his chargesheet on 23.01.2020.

2. In the counter affidavit filed by Mr.N.Girish, Sub-Inspector of Police, dated 27.04.2022, he had stated that he was not aware of the interim stay passed by this Court on 28.11.2019 and therefore, had inadvertently filed the charge-sheet. In the same counter affidavit, he had stated that if he had the knowledge of the interim stay, he would not have proceeded with the investigation. Apart from these statements, the Sub-Inspector of Police had also tendered his unconditional apology. In the mean time, the main Crl.O.P.No.32302 of 2019, in which the interim order was passed, came to be ordered and the entire criminal proceedings, that culminated from the FIR in Crime No.28/2019, dated 30.05.2019, was quashed. The grievance of the petitioner herein seems to have been met, while the criminal proceedings were quashed.

3. This Court has taken note of the statements in the affidavit filed by the Sub-Inspector of Police, dated 27.04.2022 and by accepting the unconditional apology tendered by him, the Contempt Petition stands closed.

SD/- ASSISTANT REGISTRAR(COMM.CASES) pns //Certified to be true copy// Dated at Madras this the day of 2022. 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/21/06/2022 To 1.The Public Prosecutor, High Court, Madras.

2. The Inspector of Police, City Crime Branch, Coimbatore City, Coimbatore.