Manoharan v. Ashokan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 21.01.2021

CORAM

THE HONOURABLE MR. JUSTICE A.D.JAGADISH CHANDIRA Manoharan S/o.Thangavel Nadar, Sivasundaram Dhali Mill, No.365, Nallur Road, Somangalam, Kancheepuram District

...Petitioner

Vs.

Mr.Ashokan Inspector of Police C-4, Somangalam Police Station Sriperumbudur Taluk Kancheepuram District

...Respondent

Prayer: Contempt petition has been filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent herein for willful deliberate disobedience of the order of this Hon'ble Court dated 02.03.2015 in Crl.O.P.No.3774 of 2015.

For Petitioner : Mr.J.Milton Arul Rajendran For Respondent : Mr.C.Iyyappa Raj Additional Public Prosecutor 1/3

O R D E R

(The case has been heard through video conference) This petition has been filed to punish the respondent herein for willful deliberate disobedience of the order of this Court dated 02.03.2015 in Crl.O.P.No.3774 of 2015.

2.The petitioner is the defacto complainant in Crime No.207 of 2014 registered by the respondent for offence under Sections 420, 294(b), 506(2) IPC on 20.07.2014. Since, the respondent did not complete the investigation and file final report, the petitioner/defacto complainant had filed Crl.O.P.No.3774 of 2015 seeking for direction to the respondent to file final report within stipulated time.

3. When the matter came up before this Court on 02.03.2015, this Court taking into consideration the submission of the learned Additional Public Prosecutor that the respondent would complete the investigation and file final report on or before 31.07.2015, had closed the petition. However, since, the respondent did not comply with the undertaking given before this Court, the present contempt petition has been filed.

4.When the matter was taken up today the learned Additional Public Prosecutor appearing for the respondent would submit that though there had 2/3

been a delay in filing of the final report, as on date the respondent has completed the investigation and filed the final report before the concerned jurisdictional Magistrate namely the Judicial Magistrate, Sriperumbudur and the case has been taken up on file in C.C.NO.15 of 2021.

5. Taking into consideration the fact that the order of this Court date 02.03.2015 has been complied with, this Contempt Petition is closed. SD/- ASSISTANT REGISTRAR(COMM.CASES) ksa-2 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) from 25th day of September 2008 the Registry is issuing Certified copies of the Orders/Judgments/Decrees in this format.

GS/22/04/2021 To 1.The Inspector of Police C-4, Somangalam Police Station Sriperumbudur Taluk Kancheepuram District

2. The Public Prosecutor Madras High Court, Chennai.

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