Christina Rajapriya v. T.Rajini

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.02.2024

CORAM

THE HONOURABLE MR. JUSTICE G.CHANDRASEKHARAN Christina Rajapriya ...

Petitioner Vs.

T.Rajini, The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

...

Respondent PRAYER: Contempt petition filed under Section 11 of Contempt of Court Act, 1971, to punish the respondent for the wilful disobedience of the order of this Court passed in Crl.O.P.No.6539 of 2023 dated 24.03.2023. For Petitioner : Mr.J.B.Solomon Peter Kamal Doss For Respondent : Mr.S.Balaji Government Advocate (Crl.Side)

O R D E R

This petition is filed to punish the respondent for the wilful disobedience of the order of this Court passed in Crl.O.P.No.6539 of 2023, dated 24.03.2023.

2.When the matter was taken up on 02.02.2024, it was submitted by

the learned Government Advocate (Crl.Side) that a final report had been filed before the concerned Magistrate Court on 30.01.2024. At request of the learned counsel for the petitioner, this matter was adjourned to today (16.02.2024) for verifying as to whether the final report was filed. 3.When the matter is taken up today, the learned Government Advocate (Crl.Side) filed a copy of the notice dated 13.02.2024, sent by the learned Judicial Magistrate I, Hosur, to the defacto complainant intimating about the final report filed as charge abated. 4.It is again submitted by the learned counsel for the petitioner that the referred charge sheet number in the RCS notice is 05/2024, whereas, in the notice sent from the Court, dated 13.02.2024, the referred charge sheet number is mentioned as 01/2024.

5.It is true that there is discrepancy in the referred charge sheet

number in the RCS notice and the notice sent from the Court. However, the fact remains that the final report is filed in Crime No.596 of 2020 of Shoolagiri Police Station, registered under Sections 279, 337, 338, 304(A) IPC. As per the final report, the Driver of the Car bearing registration No.TN 04 AM 4583 had dashed against the Ashok Leyland Lorry bearing registration No.TN 52 E 9034, which was going infront of the Car and that resulted in accident, consequently, death of the Car Driver and injuries to others.

6.In the light of the final report filed as charge abated, this Court is of the view that if the petitioner is aggrieved against the final report, it is open to the petitioner to file a protest petition seeking appropriate remedy. 7.So far as this contempt petition is concerned, though an order directing filing of final report was passed on 24.03.2023, final report was filed only on 30.01.2024, nearly after eight months. This shows the lack of response and respect to the order passed by this Court. Therefore, this

Court directs the concerned Superintendent of Police, to take appropriate departmental action against the respondent for not complying with the order of filing final report within the time stipulated by this Court. 8.Accordingly, this Contempt Petition is ordered. 16.02.2024 sli Internet:Yes Index:Yes/No Speaking/Non speaking order NCC: Yes/No To:

1.T.Rajini, The Inspector of Police, Shoolagiri Police Station, Krishnagiri District.

2.The Public Prosecutor, High Court of Madras.

G.CHANDRASEKHARAN,J.

sli 16.02.2024