Madras High CourtCONT P/135/2023closed

Ayyappan v. M.D.Suresh Babu

2023-04-17Honourable Mr Justice A.D.Jagadish Chandira4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.04.2023

CORAM:

THE HON'BLE Mr. JUSTICE A.D.JAGADISH CHANDIRA Contempt Petition No.135 of 2023 Ayyappan ... Petitioner Vs.

D.Suresh Babu The Inspector of Police, Marakkanam Police Station, Villupuram District.

... Respondent Prayer:

Contempt Petition filed under Section 11 of Contempt of Courts Act, to punish the respondent for having willfully disobeyed the order dated 07.03.2022 passed in Crl.O.P.No.5156 of 2022. For Petitioner : Mr.A.Murugavel For Respondent : Mr.N.S.Suganthan Government Advocate (Criminal Side) ***** 1/4

O R D E R

It is the case of the petitioner that this Court while disposing the Crl.O.P.No.5156 of 2022 by order dated 07.03.2022, directed the respondent police to complete the investigation and file a final report before the concerned court at the earliest, preferably within a period of two months from the date of receipt of copy of that order. Since the order has not been complied with by the respondent police, the present Contempt Petition has been filed.

2. Today, when the matter is taken up for hearing, the learned Government Advocate (Criminal Side) appearing for the respondent would submit that Crl.O.P.No.5156 of 2022 was disposed of on 07.03.2022. However, even prior to that, the respondent had completed the investigation and filed a final report before the concerned court on 20.02.2019 itself. However, the abovesaid fact was not brought to the knowledge of the Court at the time of hearing the abovesaid Criminal Original Petition. He would further submit that final report has been filed before the Judicial Magistrate No.II Court, Tindivanam and C.C.No.25 of 2023 has also been assigned and the case is posted for appearance of the accused on 27.04.2023. 2/4

3. In view of the submission made by the learned Government Advocate (Criminal Side) that the order of this Court passed in Crl.O.P.No.5156 has been complied with by the respondent police, this Contempt Petition is closed. 17.04.2023 mfa Index:Yes/No Speaking Order: Yes/No To

1. The The Inspector of Police, Marakkanam Police Station, Villupuram District.

2. The Public Prosecutor, High Court, Madras.

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A.D.JAGADISH CHANDIRA , J.

mfa Contempt Petition No.135 of 2023 17.04.2023 4/4