K.L.Sivakumar v. J.Mutharasi
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.12.2022
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH K.L.Sivakumar .. Petitioner /versus/ 1.Mrs.J.Mutharasi The Superintendent of Police, CBCID, Chennai.
2.Mrs.Santhanalakshmi The Inspector of Police, CBCID, Dindugal District.
3.Mrs.Shobana, The Inspector of Police, OCU-CBCID, Coimbatore City.
.. Respondents PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondents for the violation and non compliance of the order dated 29.03.2021 of this Hon'ble Court in Crl.O.P.No.3468 of 2021.
For Petitioner : Mr.Shivakumar for 1/7
M/s.K.M.Vijayan Associates For Respondents : Mr.R.Vinoth Raja Government Advocate (Crl.Side) ---------
O R D E R
When the contempt petition came up for hearing on 08.07.2022, this Court passed the following order:
"Pursuant to the earlier orders passed by this Court on 11.02.2022, contempt petition was taken up for hearing today. A status report has been filed by the Deputy Superintendent of Police, CBCID, Chennai. The concerned officer was also present at the time of hearing.
2.It was brought to the notice of this Court that insofar as Crime No.1 of 2021 pertaining to Dindugul District and Crime No.2 of 2021 pertaining to the Erode District is concerned, the investigation has been completed and it is now at the stage of getting approval from the Directorate of Prosecution. The learned Government Advocate submitted that the final report will be filed within a short time.
3.Insofar as Crime Nos.5 of 2021 and 6 of 2021 pertaining to Chennai, the sample 2/7
signatures and specimen writings have been submitted to the lab for analysis and the same is pending and once the report is received, the final report will be filed before the concerned Court. The stage of these two cases has been explained at Paragraph Nos.11 and 12 of the status report. Four months time has been sought for to collect the report and the remaining documents in these two cases.
4.In view of the above, the final report shall be filed insofar as Crime Nos.1 and 2 of 2021 before the concerned Court, within a period of 15 days from today. Insofar as Crime Nos.5 & 6 of 2021 is concerned, all steps shall be taken to collect the report and the remaining documents and to complete the investigation on or before 04.11.2022."
2. Pursuant to the above order, the matter is listed for hearing today. A status report has been filed by the respondents and the relevant portions in the status report are extracted below: "4.It is respectfully submitted that after completion of investigation, final reports of the case in Dindigul CBCID Cr.No.1/2021, 3/7
u/s.420, 465, 471 IPC @ 420, 465, 468, 471 IPC r/w.109 IPC (Mother case in Dindigul Taluk PS Cr.No.995/2020) was filed before the Hon'ble Judicial Magistrate-III Court, Dindigul and the same was taken on file in CC.No.1022/2022, dated 02.12.2022 and Erode CBCID Cr.No.2/2021, u/s.420, 468, 471 IPC @ 420, 465, 468, 471 r/w. 109 IPC (Mother case in Anthiyur PS Cr.No.453/2019) was filed before the Hon'ble Judicial Magistrate-III Court, Erode and the same was taken on file in CC.No.580/2022, dated 02.12.2022.
5.It is respectfully further submitted that final reports of the cases in CBCID Metro Cr.No.6/2021, u/s.420, 465, 466, 467, 468, 471, 472 r/w. 34 IPC @ 420, 465, 468, 471 IPC (Mother case in Chennai CCB Cr.No.51/2020) was filed before the Hon'ble Metropolitan Magistrate Court for CCB & CBCID Metro cases, Egmore, Chennai on 06.12.2022 and the same to be taken on file. With regard to CBCID Metro Cr.No.5/2021, u/s.420, 465, 466, 467, 468, 471, 472 r/w. 34 IPC @ 420, 465, 468, 471 IPC r/w. 34 & 109 IPC (Mother case in Chennai CCB Cr.No.26/2020) final report has 4/7
been prepared and the same will be filed before the Hon'ble Metropolitan Magistrate Court for CCB & CBCID Metro cases, Egmore, Chennai on 12.12.2022."
3. It is clear from the above that in so far as Crime No.1 of 2021 and Crime No.2 of 2021, the final reports have been filed before the jurisdictional Court and the same has also been taken on file. In so far as Crime No.5 of 2021 is concerned, the investigation was completed and the final report has been filed before the Special Court for CCB-CBCID cases, Egmore on 12.12.2022. In so far as Crime No.6 of 2021 is concerned, the investigation was completed and final report has been filed before the Special Court for CCB-CBCID cases, Egmore on 06.12.2022. Final reports in both the cases are yet to be taken on file.
4. The Special Court for CCB-CBCID cases, Egmore, Chennai is directed to immediately act upon the final reports in Crime Nos.5 and 6 of 2021, within a period of four (4) weeks from the date of receipt of a copy of this order and proceed further in accordance with law.
5. Recording the above developments, this Contempt Petition is closed.
5/7
12.12.2022 Speaking order/Non speaking order Index : Yes rpl To 1.Mrs.J.Mutharasi The Superintendent of Police, CBCID, Chennai.
2.Mrs.Santhanalakshmi The Inspector of Police, CBCID, Dindugal District.
3.Mrs.Shobana, The Inspector of Police, OCU-CBCID, Coimbatore City.
N.ANAND VENKATESH,J.
rpl 6/7
12.12.2022 7/7