Madras High CourtCONT P(MD)/123/2020closed

R. Jayaraj v. Malaisamy

2020-02-26Honourable Mr Justice A.D.Jagadish Chandira2 pages

Cont.P.(MD)No.123 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.02.2020

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA Cont.P.(MD)No.123 of 2020 in Crl.O.P.(MD)No.10790 of 2019 R.Jayaraj : Petitioner/Petitioner Vs.

Malaisamy, Inspector of Police, Thallakulam Police Station, Thallakulam, Madurai.

: Contemnor/Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the contemnor / respondent herein for committing grave contempt and gross disobedience of the order passed by this Court in Crl.O.P.(MD)No.10790 of 2019 dated 31.07.2019. Prayer in CRL OP(MD). 10790/ 2019 :

Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the 2nd respondent police to expedite the investigation in Cr.No.223/2019 on the file of the 2nd respondent police and to file final report within the time frame that may be stipulated by this Court.

For Petitioner : Mr.M.M.Manivel Pandian For Respondent : Mr.S.Chandrasekar, Additional Public Prosecutor

ORDER

This contempt petition has been filed to punish the contemnor / respondent herein for committing grave contempt and gross disobedience of the order passed by this Court in Crl.O.P.(MD) No.10790 of 2019 dated 31.07.2019.

2.Contemnor is present before this Court, today. The learned Additional Public Prosecutor appearing for the respondent would submit that this Court by an order dated 31.07.2019, had directed the police to complete the investigation in Crime No.223 of 2019 and file a final report within a period of one month from the date of https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.123 of 2020 receipt of copy of the order. The order copy was received by the respondent police on 05.12.2019 and immediately, steps were taken by respondent police and investigation has been completed and final report has been filed referring the case as mistake of fact. He would submit that RCS notice was also pasted on the house of the petitioner and that the order of this Court has been complied with. However, there was a delay on the part of the respondent police. He would submit that the delay is not willful and that the respondent police expressed his remorse for the delay in filing final report and he seeks apologies of this Court.

3.Apologies accepted. In view of the above, the alleged delay and disobedience cannot be termed as wilful disobedience of the order. Accordingly, this contempt petition stands closed. However, liberty is granted to the petitioner to challenge the final report. Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) gns To Inspector of Police, Thallakulam Police Station, Thallakulam, Madurai.

Cont.P.(MD)No.123 of 2020 26.02.2020 JMN(11.03.2020) 2P : 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2