R.Sathyamoorthy, v. Dr. Shankar Jiwal Ips.,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.07.2025

CORAM

THE HONOURABLE MR.JUSTICE BATTU DEVANAND R. Sathyamoorthy ... Petitioner Vs.

1.Dr. Shankar Jiwal, IPS, The Chief Director General of Police, Mylapore, Chennai.

2.Dheeraj Kumar, IAS, The Secretary, Department of Home Affairs, St. Fort George, Secretariat, Chennai - 600 001.

3.Praveen Kumar Abhinapu, IPS, The Commissioner of Police, Salem City, Salem.

4.A.K. Arun Kabilan, IPS, The Superintendent of Police, Salem District, Salem.

5.Praveen Kumar, Deputy Inspector General of Police, Salem Range, Salem District.

... Respondents 1/6

PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondents 3 and 4 for violating the order passed in Cont.P.No.1931 of 2022 by this Court dated 02.01.2024. For Petitioner : Mr. M.T. Arunan For Respondents : Mr. P. Kumaresan, Additional Advocate General Assisted by Mrs. S. Anitha, Additional Government Pleader

O R D E R

The present Contempt Petition has been filed complaining the violation of the order passed by this Court on 02.01.2024 in Cont. P. No. 1931 of 2022 in W.P. No. 3661 of 2021.

2. On perusal of the order dated 02.01.2024 in Cont. P. No. 1931 of 2022, it appears that the said contempt case is closed with the following order: - "No further order is required.

2. The respondents are directed to bring the closure report of the pending the Criminal Proceedings against the petitioner in Crime No.4 of 2009 under Section 176(1)(A) of Cr.P.C., before the Judicial Magistrate No.III, Salem, within a period of six months from today."

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3. Complaining that the closure report is not filed before the concerned Judicial Magistrate within the time stipulated by the Court, the present contempt petition has been filed.

4. During the course of hearing on 29.04.2025, it is brought to the notice that the closure report is filed before the concerned Judicial Magistrate and the wife of the deceased also filed a protest petition before the concerned Court. In the closure report, notice was ordered by the concerned Judicial Magistrate on 26.02.2022 and it is posted for hearing on 05.01.2023. Considering the fact that more than two years and few months have passed from 05.01.2023, this Court directed the Judicial Magistrate to dispose of the protest petition as expeditiously as possible, preferably by the end of June 2025.

5. It is represented by the learned counsel for the petitioner that inspite of specific direction from the Court to dispose of the protest petition by the end of June 2025, till date it is not disposed of.

6. In view of the above factual position, in our considered opinion, it is appropriate and desirable to direct the Judicial Magistrate No.III, 3/6

Salem to decide the protest petition, in accordance with law within a period of four weeks from the date of receipt of copy of this order.

7. The Registrar Judicial shall communicate this order to the Judicial Magistrate No.III, Salem forthwith.

8. In view of the above, this Contempt Petition is closed. 11.07.2025 Index :Yes/No AT 4/6

To 1.Dr. Shankar Jiwal, IPS, The Chief Director General of Police, Mylapore, Chennai.

2.Dheeraj Kumar, IAS, The Secretary, Department of Home Affairs, St. Fort George, Secretariat, Chennai - 600 001.

3.Praveen Kumar Abhinapu, IPS, The Commissioner of Police, Salem City, Salem.

4.A.K. Arun Kabilan, IPS, The Superintendent of Police, Salem District, Salem.

5.Praveen Kumar, Deputy Inspector General of Police, Salem Range, Salem District.

6. The Judicial Magistrate No.III, Salem.

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BATTU DEVANAND,J.

AT 11.07.2025 6/6