S.Udayakumar v. Prakash

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.07.2023

CORAM

THE HONOURABLE Ms. JUSTICE R.N.MANJULA Cont.P.No.1638 of 2023 S.Udayakumar ... Petitioner Vs.

Prakash Inspector of Police, Thiruvennainallur Police Station, Villupuram District - 607 203.

... Respondent Contempt Petition is filed under Section 11 of Contempt of Courts Act to punish the respondent for wilful disobedience of the order of this Court rendered in Crl.O.P.No.27697/2022 dated 11.11.2022. For Petitioner : Mr.D.Babu For Respondent : Mr.C.E.Pratap Government Advocate (Crl.side) 1/4

ORDER

This petition has been filed to punish the respondent herein for Civil Contempt, for having wilfully disobeyed the order of this Court made in Crl.O.P.No.27697/2022 dated 11.11.2022.

2. When the matter is taken up today, the learned Government Advocate appearing for the respondent submitted that in pursuant to the order dated 11.11.2022 made in Crl.O.P.No.27697 of 2022, the petitioner was summoned through RPAD to appear before the Investigation Officer to give his additional statement; the said RPAD has been returned as "Unclaimed"; having waited for the petitioner to come on his own to give any additional statement and on his failure to do so, the respondent had closed the investigation and filed charge sheet before the learned Judicial Magistrate - II, Ulundurpet and the same has also been taken on file in C.C.No.119 of 2023 on 20.04.2023.

3. However the learned counsel for the petitioner submitted that the respondent did not try to reach over the petitioner even through phone and the said RPAD has been sent to his Chennai address but actually the 2/4

petitioner is working in Kerala.

4. It is for the petitioner to update his whereabouts and make it possible for the respondents to trace his address in order to comply the earlier directions given by this Court. However it is up to the respondent to file any application for further investigation in the event of getting any new materials connecting to the case.

5. In view of the above observation, this Contempt Petition is closed. 25.07.2023 Index : Yes/No Speaking Order : Yes / No bkn 3/4

R.N.MANJULA, J., bkn Cont.P.No.1638 of 2023 25.07.2023 4/4