Joyal Johan v. Mr. Murugan,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 27.01.2025

CORAM

THE HON'BLE MR.JUSTICE P.VELMURUGAN Joyal Johan ..

Petitioner Vs Murugan Sub-Inspector of Police, Grand Bazaar Police Station, WRPH+H77, Jawaharlal Nehru Street, Puducherry - 605 001, Puducherry District.

..

Respondent PRAYER : Petition filed under section 11 of the Contempt of Courts Act, to initiate appropriate action under Section 11 of Contempt of Courts Act, 1971 against the respondent for willful disobedience of the order of this Court dated 04.03.2024 in Crl.O.P.No.5036 of 2024. For Petitioner : Mr.Pranava Charan for M/s.Indialaw LLP For Respondent : Mr.K.S.Mohandass Additional Public Prosecutor (Puducherry) assisted by Mrs.Danalatchumy Page No.1/5

O R D E R

This contempt petition has been filed against the non-compliance of the order passed by this Court in Crl.O.P.No.5036 of 2024 dated 04.03.2024.

2. Learned Additional Public Prosecutor (Puducherry) appearing for the respondent-Police submitted that since the investigation requires expert opinion, due to delay in getting expert opinion and FSL report, they could not file the charge-sheet in time. The non-compliance of the order of this Court dated 04.03.2024 is neither willful nor wanton and due to inadvertent circumstances they could not comply with the order of this Court. He further submitted that now the respondent-Police have filed the charge-sheet before the Magistrate concerned.

3. On a perusal of the records, it is seen that this Court vide order dated 04.03.2024 in Crl.O.P.No.5036 of 2024 directed the respondentPolice to file a final report within a period of three months from the date of receipt of copy of that order. Therefore, the respondent-Police ought to have Page No.2/5

filed the charge-sheet by June 2024. However, the respondent-Police have not filed the charge-sheet within the time stipulated by this Court, hence the petitioner filed the contempt petition.

4. This Court after verifying the records, issued statutory notice on 17.12.2024. As per the directions of this Court dated 17.12.2024, today the contemnor appeared before this Court and tendered his apology and submitted that now they have filed the charge-sheet.

5. Considering the facts and circumstances and also considering the submissions made by the learned Additional Public Prosecutor (Puducherry), this Court finds that the contemnor neither filed the final report within a time as stipulated by this Court nor filed any petition seeking extension of time to file the final report, however, pending contempt petition, he has filed the final report before the Magistrate concerned.

6. In the light of the above, nothing survives for adjudication in the contempt petition. Accordingly, the Contempt Petition is closed. Page No.3/5

27.01.2025 ms P.VELMURUGAN, J.

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