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Madras High CourtCONT P/2149/2022closed

S.Palani v. G.Sugana Singh Ips

2023-01-25Honourable Ms Justice R.N.Manjula4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 25.01.2023

CORAM:

THE HON'BLE Ms.JUSTICE R.N.MANJULA in Crl.OP.NO.23323 of 2021 S.Palani .. Petitioner

Versus

1.Mr.G.Sugana Singh IPS The Superintendent of Police, District Crime Branch 2.Mr.K.Palani Karthikeyan The Inspector of Police, District Crime Branch, ...

Respondents Contempt Petition filed under Section 11 of Contempt of Court Act, 1971 to punish the respondents for the act of disobedience of the order of this Court passed in Crl.OP.No.23323 of 2021dated 10.02.2022. For Petitioner :

Mr. A.Madhumathi For Respondents :

Mr.A.Gopinath Government Advocate (crl.side) Page No.1 of 4

ORDER

This contempt petition has been preferred to punish the respondents for the act of disobedience of the order of this Court passed in Crl.OP.No.23323 of 2021dated 10.02.2022.

2.The petitioner who is the defacto complainant in the FIR in Cr.No.71 of 2021 on the file of evidence-9 Thalambur Police Station, Chengalpattu District. On 10.02.2022 this Court has passed the following order:

"4. Considering the facts and circumstances of the case, this Court directs the first respondent Superintendent of Police to complete the investigation in Crime No.71 of 2021 and file a final report within a period of four months from the date of the receipt of a copy of this order. "

3.Now the 2nd respondent / defacto complainant filed this petition for initiating the contempt action against the respondents on the part of their failure to comply the above direction.

4. The contemners were also present.

5. The learned Government Advocate (crl.side) for the respondent Page No.2 of 4

submitted that by virtue of this Court order dated 21.09.2022 made in Crl.OP.No.8220 of 2021, the FIR itself got quashed; since the FIR is got quashed, there is no question for complying the earlier order and hence, this contempt petition should be dismissed.

6.The learned counsel for the petitioner submitted that he is the defacto complaint but he is not aware of the order passed in Crl.OP.No.8220 of 2021.

7. Since the FIR itself is not in existence as on date and it has been quashed, the contempt petition loses its significance and it is closed. With the above observation, this Contempt Petition stands closed. 25.01.2023 Index: Yes/No jrs To:

1. 1.Mr.G.Sugana Singh IPS The Superintendent of Police, District Crime Branch R.N.MANJULA, J., Page No.3 of 4

jrs 2.Mr.K.Palani Karthikeyan The Inspector of Police, District Crime Branch, 3.The Public Prosecutor, High Court, Madras.

25.01.2023 Page No.4 of 4