J.Ravi v. S.P.Shanmugam

CONT.P.(MD)No.258 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN CONT.P.(MD)No.258 of 2022 in CRL OP(MD).3123 of 2021 J.Ravi : Petitioner / Petitioner .vs.

S.P.Shanmugam The Inspector of Police SIPCOT Police Station SIPCOT Thoothukudi District in crime No.75/2021.

:Contemnor / Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, praying this Court to take contempt proceedings against the contemnor for disobedience of the order passed by this Court in Crl.O.P.(MD) No.3123 of 2021 dated 26.02.2021. Prayer in CRL OP(MD). 3123 of 2021 :

Criminal Original Petition filed under Section 482 of Crpc to Call for the records relating to the FIR in Crime No. 75/2021 on the file of the 1st Respondent Police and to quash the same against this Petititoner.

For Petitioner : Mr.R.Anandharaj For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor(Crl.side)

O R D E R

The contempt petition has been filed seeking punishment to the respondent for non-compliance of the order passed by this Court, in Crl.O.P(MD)No.3123 of 2021, dated 26.02.2021, thereby directed the first respondent to file a referred charge sheet before the concerned Judicial Magistrate within a period of two weeks from the date of receipt of a copy of that order.

2.The learned Additional Public Prosecutor submitted that in Crime No.75 of 2021, even on the date of hearing of the petition, namely on 26.02.2021, the first respondent submitted that the charge sheet is ready and about to file the same. However, due to inadvertence, it was wrongly recorded as referred charge sheet and a positive charge sheet has been filed in Crime No.75 of 2021 and the same has been taken cognizance in C.C.No.33 of 2022 on the file of https://hcservices.ecourts.gov.in/hcservices/

CONT.P.(MD)No.258 of 2022 the Judicial Magistrate No.3, Thoothukudi and it is pending for trial.

3.Therefore, this Court finds that there is no contempt made out as against the respondent. Accordingly, the contempt petition is dismissed. However, the petitioner is at liberty to challenge the charge sheet in a manner known to law, if so advised. Sd/- Assistant Registrar (AD II) // True Copy // / /2022 Sub Assistant Registrar(CS) lr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To S.P.Shanmugam The Inspector of Police SIPCOT Police Station SIPCOT Thoothukudi District in crime No.75/2021.

+1 CC to M/s.R.ANANDHARAJ, Advocate ( SR-9033[F] dated 28/02/2022 ) CONT.P.(MD)No.258 of 2022 25.02.2022 MGJ(11.03.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/