Kondamuri Sri Hari Kusuma Kumar v. Rajeev Varma Ias And Another

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.07.2023

CORAM

THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA Contempt Petition No.2744 of 2022 Kondamuri Sri Hari Kusuma Kumar ... Petitioner Vs.

1. Rajeev.Verma, I.A.S,Suresh Babu Secretary to the Government of Puducherry Department of Home, The Union Territory of Puducherry, Puducherry State.

2.Badugukanakara Station House Officer, Yanam Police Station, Yanam.

Cr.No.2 of 2022.

... Respondents PRAYER : Contempt Petition filed under Section 11 of Contempt of Courts Act, 1971, to punish the respondents for the willfull disobedience of the order passed by this Court in Crl.OP.No.6095 of 2022 dated 11.04.2022. 1/5

For Petitioner : Mr.V.Elangovan For Respondent : Mr.K.S.Mohandass, Public Prosecutor, Puducherry

O R D E R

This petition has been filed to punish the respondents for the willfull disobedience of the order passed by this Court in Crl.OP.No.6095 of 2022 dated 11.04.2022.

2. Mr.V.Elangovan, learned counsel for the petitioner would submit that this Court by an order dated 11.04.2022, taking into consideration of the facts, had issued the direction to the third respondent to hand over the CD file to the Senior Superintendent of Police, Law and Order, Puducherry, immediately and he was directed to look into the file and based on available materials, order for further investigation, if necessary. He further submitted that the respondents have not complied with the order passed by this Court and thereby, the present Contempt Petition has been filed.

3. The respondent has filed the Status Report along with the list of documents.

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4. The learned Public Prosecutor, Puducherry, would submit that pursuant to the order passed by this Court, the CD file was handed over to the Senior Superintendent of Police, Law and Order and the Senior Superintendent of Police (L &O) by proceeding dated 02.05.2022 after looking into the file by order dated 05.07.2022 issued specific instructions to the second respondent. Based on that, the officer has conducted investigation and submitted the report on 18.07.2022. He further submitted that during the course of investigation 28 witnesses have been examined and the CCTV footage have also been recovered from Pillaraya Street and LW11 also speaks about the same. He further submitted that after completion of the investigation, the final report has been filed before the Judicial Magistrate, Yannam on 24.10.2022.

He would further submit that during investigation, they found that there is no material to implicate the MLA in the crime. He further submitted that the orders of the Court have been duly complied with and the respondents have not disobeyed the order of the Court. The case is now numbered in CC.No.50 of 2022 and stands posted to 20.07.2023.

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5. Heard the learned counsel for the petitioner and the learned Public Prosecutor (Puducherry) and perused the materials available on record.

6. This Court finds that the order of this Court has been complied and no contempt has been committed by the respondent. Accordingly, this Contempt Petition is closed. However, liberty is granted to the petitioner to proceed in accordance with law. proceed 10.07.2023 drl To

1. The Secretary to the Government of Puducherry Department of Home, The Union Territory of Puducherry, Puducherry State.

2.The Station House Officer, Yanam Police Station, Yanam.

3. The Public Prosecutor, Puducherry.

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A.D.JAGADISH CHANDIRA.,J.

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