K.Saravanan v. Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.09.2025

CORAM:

THE HON'BLE MR.JUSTICE N. SATHISH KUMAR Crl.O.P.No.22227 of 2023 and Crl.M.P.No.15449 of 2023 and Cont.P.No.802 of 2025 Crl.O.P.No.2227 of 2023 K.Saravanan ... Petitioner Vs.

The State through The Inspector of Police HUDCO Police Station Krishnagiri District (Cr.No.217 of 2023 dated 02.07.2023) ... Respondent Cont.P.No.802 of 2025 K.Saravanan ... Petitioner Vs.

M.Padmavathi The Inspector of Police HUDCO Police Station Krishnagiri District, Tamil Nadu Nagarajan The Inspector of Police Hosur Town Police Station Krishnagiri District ... Respondent (Impleaded Mr.Nagarajan, Inspector of Police, Hosur Town, Krishnagiri in the place of the present contemnor as per the order of this Court in Cont.P.No.802 of 2025 dated 21.03.2025) Prayer in Crl.O.P.No.22227 of 2023: Criminal Original Petition is filed 1/4

under Section 528 of BNSS, to call for the records and quash the FIR bearing Cr.No.217 of 2023 dated 02.07.2023 on the file of the respondent police.

Prayer in Cont.P.No.802 of 2025:- Petition filed under Section 11 of the Contempt of Courts Act, 1971, to take punitive action against the respondent for wilful disobedience of the order passed by this Court in Crl.M.P.No.15449 of 2023 in Crl.O.P.No.22227 of 2023 dated 27.09.2023. In both petitions For Petitioner : Mr.M.Raja For Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor COMMON ORDER Petition in Crl.O.P.No.22227 of 2023 has been filed to call for the records and quash the FIR bearing Cr.No.217 of 2023 dated 02.07.2023 on the file of the respondent police.

Petition in Cont.P.No.802 of 2025 has been filed to take punitive action against the respondent for wilful disobedience of the order passed by this Court in Crl.M.P.No.15449 of 2023 in Crl.O.P.No.22227 of 2023 dated 27.09.2023.

2. The learned counsel for the petitioner seeks leave of this Court to withdraw the original petition. He also made an endorsement in the case bundle to that effect.

3. Accordingly, the petition in Crl.O.P.No.22227 of 2023 stands 2/4

dismissed as withdrawn. Consequently, connected miscellaneous petition stands closed.

4. The contempt petition has been filed mainly on the ground that despite the interim order passed by this Court not to file final report, final report is filed.

5. No doubt, final report is filed. Affidavit of the respondent is filed and the same clearly indicate that the final report has been prepared and kept by the earlier Investigating Officer. Without knowing that there was an interim order by this Court, the investigating officer had filed the final report after assuming the charge to the particular police station.

6. The affidavit of the respondent indicate that the respondent contemnor has not deliberately filed the final report violating the interim order of this Court, further, there was no materials to show that he was aware of the interim order and the interim order made known to him. Hence, in view of this Court, the act of the respondent is not deliberate and willful warranting action for contempt.

N.SATHISH KUMAR, J.

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7. Accordingly, this contempt petition stands closed. The petitioner is at liberty to canvass his case on merits and the Trial Court shall expedite the trial and dispose of the case immediately without any further delay. The Trial Court shall ensure that the if the witnesses is dragging the matter and not coming before the Court despite the summoning witnesses, after giving sufficient opportunities to the prosecution to produce the witness shall close the case.

24.09.2025 dhk :Yes/No Internet : Yes/No To

1. The Judicial Magistrate No.II, Hosur.

2. The Inspector of Police HUDCO Police Station Krishnagiri District.

3.The Inspector of Police Hosur Town Police Station Krishnagiri District.

4.The Public Prosecutor, High Court of Madras.

and Cont.P.No.802 of 2025 4/4