Muthu v. Kamini

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.02.2025

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI in Crl.OP(MD) No.12172 of 2024 Muthu ... Petitioner/3rd respondent Vs 1.Kamini, The Commissioner of Police, Trichy, Trichy City.

2.Anantha Vedhavalli, The Inspector of Police, City Crime Branch, Trichy City, Trichy District.

...Contemnors/Respondents 3.Suganthi ...3rd respondent/Petitioner PRAYER: Contempt Petition filed under Section 10 of the Contempt of Courts Act, praying this Court to to initiate contempt proceedings against the Contemnors/ Respondents and punish them for their willful disobedience of the order of this Court in WP(MD) 1/6

Crl.OP(MD) No.12172 of 2024, dated 31.07.2024. For Petitioner :Mr.K.Yasar Arafath For Respondent :Mr.P.Kottaichamy Government Advocate

O R D E R

The petitioner has approached this Court that the order of this Court in Crl.OP(MD) No.12172 of 2020 has not been complied with.

2.The petitioner, a victim is said to have lodged a complaint before the second respondent police. The proposed accused has filed an application before this Court in Crl.OP(MD)No. 12172 2024, as if the second respondent is harassing her on the complaint of the petitioner herein. This Court has considered the issue and disposed of that Criminal Original Petition in the following terms:- ''9.The second respondent has conducted the enquiry in such a causal manner without taking any proper course of action. Therefore, this Court is inclined to dispose of this criminal 2/6

original petition with a direction to the first respondent to transfer the enquiry from the file of the second respondent and entrust the same with some sincere officer of his choice and ensure that appropriate action has been taken on the complaint of the third respondent. The first respondent is also directed to look into the manner, in which, the enquiry was conducted by the second respondent and take appropriate action. The petitioner shall work out her remedy by filing necessary application under Section 528 of BNSS Act for anticipatory bail.

3.The petitioner herein and the third respondent in Crl.OP(MD) No.12172 of 2024 has approached this Court that even after the orders of this Court in Crl.OP(MD) No.12172 of 2024, the respondents 1 & 2 have not taken any steps, in complying with the order of this Court.

4.When this contempt petition is taken up for hearing today, the learned Government Advocate(Crl.side) appearing for the respondents/contemnors submits that the first respondent has entrusted the investigation to another investigating officer, namely, 3/6

Mrs.Anandavedavalli, the Inspector of Police. The present Investigating officer has found that there are prima facie materials, on the complaint of this petitioner and registered a case in Crime No. 1 of 2025 as against the petitioner in Crl.OP(MD) No.12172 of 2024, for the offence punishable under Sections 417, 406, 425 and 506(ii) of IPC and she is conducting the investigation in a proper manner.

5.Recording the aforesaid submission made by the learned Government Advocate(Crl.side), this contempt petition is closed.

07.02.2025 Index:Yes/No Internet:Yes/No vrn 4/6

To 1.Mrs.Kamini, The Commissioner of Police, Trichy, Trichy City.

2.Mrs.Anantha Vedhavalli, The Inspector of Police, City Crime Branch, Trichy City, Trichy District.

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B.PUGALENDHI, J.

vrn Order made in in Crl.OP(MD) No.12172 of 2024 07.02.2025 6/6