S.Vijay John Paul v. Jayanthi

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.11.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Contempt Petition No.2731 of 2022 S.Vijay John Paul ... Petitioner Vs.

Jayanthi Inspector of Police, EOW II, Guindy, Chennai.

... Respondent PRAYER : Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, pleased to call for the respondent and punish her for committing Contempt of Court for wilfully and wantonly disobeying the order of this Court dated 22.02.2022 passed in Crl.O.P.No.4189 of 2022. For Petitioner : Mr.C.D.Johnson For Respondent : Mr.C.E.Pratap Government Advocate (Crl.Side) 1/4

O R D E R

This petition has been filed seeking to call for the respondent and punish her for non compliance of the order passed by this Court in Crl.O.P.No.4189 of 2022 dated 22.02.2022.

2. The learned Government Advocate (Crl.Side) submitted that earlier the case in Crime No.5 of 2020 was investigated by one S.Jayanthi, who was holding additional charge as Inspector of Police, EOW II, Guindy, Chennai and while she was taking steps to file the final report by collecting documents before various forums, she was transferred during August 2022. Thereafter, the present officer named R.Jayanthi took charge and investigated the case. He also submitted that the respondent, apart from handling this case, was also handling several other cases and therefore, there had been a delay in filing the final report.

3. He further submitted that the investigation in Crime No.5 of 2020 on the file of the respondent has been completed and the final report has also been filed on 20.04.2023. He also submitted that the case has also been taken up for trial in C.C.No.6 of 2023 on the file of the TANPID Court, 2/4

Chennai and the case now stands posted on 16.11.2023 for framing of charges. He fairly conceded that there had been a delay in filing the final report and further submitted that the delay was neither willful nor wanton, but only due to administrative reasons, thereby, he sought that the officer be pardoned for the delay in filing the final report.

4. Taking into consideration the facts and circumstances of the case and the submissions made by the learned Government Advocate (Crl.Side) that the order passed by this Court in Crl.O.P.No.4189 of 2022 dated 22.02.2022 has been complied with and taking note of the apology sought for by the Officer, this Court is inclined to close the Contempt Petition.

5. Accordingly, this Contempt Petition stands closed. 03.11.2023 ham 3/4

A.D.JAGADISH CHANDIRA.,J.

ham To

1. The Inspector of Police, EOW II, Guindy, Chennai..

2. The Public Prosecutor, High Court of Madras.

Contempt Petition No.2731 of 2022 03.11.2023 4/4