R.Valarmathi v. A.Hemamalini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.03.2022

CORAM:

THE HON'BLE MR.JUSTICE M.NIRMAL KUMAR R.Valarmathi, 170, Pillaiyar Kovil Street, Japthikariyanthal Village, Chengam Taluk, Tiruvannamalai District ... Petitioner

Versus

Mrs.A.Hemamalini, Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District ... Respondent PRAYER: Contempt petition filed under Section 11 of the Contempt of Court's Act 1971 to punish the respondent for violating the order passed by this Court in Crl.O.P.No.11741 of 2021 dated 08.07.2021. For Petitioner :

Mr.V.Elango For Respondent : Mr.A.Damodaran, Additional Public Prosecutor

ORDER

This Criminal Petition has been filed to direct the respondent to complete the investigation in the case in Crime No.156 of 2021 on the file of the respondent and subsequently direct the respondent to file a final report within a stipulated period.

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2. This Court, by order dated 08.07.2021, directed the respondent to file a final report within a period of three months from the date of receipt of a copy of the order.

3. The contention of the petitioner is that the final report in this case is yet to be filed. Further this case has been registered under SC/ST Act. Investigation has to be completed in accordance with law. Neither the law nor the direction of this Court has been followed. Hence he has filed the contempt petition.

4. The learned Additional Public Prosecutor submits that the order copy was despatched only on 02.08.2021. In the meanwhile, the investigation has been completed. On 17.07.2021, the case has been closed as 'mistake of fact'. On 12.11.2021, the Superintendent of Police informed that the investigation has been completed on 17.07.2021 and the final report is yet to be filed before the concerned Court. The final report has to be placed before the Committee. The Committee meeting was held on 11.11.2020 and thereafter, due to Covid-19 situation, meeting could not be immediately convened. Thereafter, the closure report in RCS.No.43 of 2021 was served on the petitioner and final report was laid.

5. The learned counsel for the petitioner would submit that liberty may be given to file a protest petition on the final report. Page No.2 of 3

6. In view of the same, this Court finds that there is no contempt committed by the respondent. Therefore, the petitioner can approach the respondent police and thereafter, he can file a protest petition before the concerned Court. On filing of the protest petition, the concerned Court is directed to entertain the petition and dispose of the same. The entire process is to be completed on or before 30.05.2022.

7. With the above direction, this contempt petition is disposed of. SD/- ASSISTANT REGISTRAR(COMM.CASES) kmm //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/06/04/2022 To

1. The Inspector of Police, Tiruvannamalai Taluk Police Station, Tiruvannamalai District

2. The Public Prosecutor, High Court, Madras Page No.3 of 3