R.S.Sakthivel v. S.R.G.Dayal

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2022

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.S.Sakthivel ... Petitioner Vs Mr.S.R.G.Dayal, Inspector of Police, Pllavaram Police Station, Pallavaram, Chennai - 600 043.

... Respondent Prayer:- Contempt Petition filed under Section 11 of the Contempt of Court Act to punish the respondent for disobedience of the Order dated 04.08.2022 passed by this Court in Crl.O.P.No.18100 of 2022. For Petitioner : Mr.S.Sairaman For Respondent : Mr.R.Kishore Kumar Government Advocate

ORDER

This Contempt Petition has been filed to punish the respondent for willful disobedience of the Order of this Court dated 04.08.2022 passed in Crl.O.P.No.18100 of 2022.

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2. The main contention of the petitioner is that necessary section has not been included in the final report filed by the respondent.

3. A perusal of the Order passed by this Court would indicate that this Court had directed the respondent to conduct investigation properly for appropriate offences. Except that, no positive direction has been given by this court. Merely because a particular section of offence has not been included in the final report, the same cannot be a ground to call the police officials for contempt. Even assuming that the police has omitted to include necessary section, the learned Judicial Magistrate can very well go into the materials available on record and proceed as per law. Hence, I do not find any merits in this petition.

4. Accordingly, this Contempt Petition is closed. 19.12.2022 vrc 2/3

N.SATHISH KUMAR, J.

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