Madras High CourtCONT P(MD)/332/2021closed

M.Anandababu v. D.Suresh

2021-04-27Honourable Mr Justice G.Ilangovan2 pages

Cont.P.(MD)No.332 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.04.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Cont.P.(MD)No.332 of 2021 M.Anandababu ... Petitioner Vs.

Mr.D.Suresh, The Inspector of Police, Periyakulam Police Station, Theni District.

(Crime No.367 of 2019)

...Respondent

PRAYER : Contempt Petition is filed under Section 11 of Contempt Act, to punish the Contemnor/respondent herein for his willful disobedience of the order passed by this Court in Crl.O.P(MD) No.9544 of 2020 dated 10.09.2020.

Prayer in CRL OP(MD). 9544/ 2020 :

To direct the Respondent to complete the investigation in Crime No.367/2019 dated 14.10.2019 on the file of the Respondent Police and direct the respondent to file the final report before the learned jurisdictional Magistrate Court within a Stipulated time that may be fixed by this Honourable Court and thus render Justice For Petitioner : Mr.S.Saravanan For Respondent : Mr.K.Suyambulinga Bharathi Government Advocate(crl.side)

O R D E R

This Contempt Petition has been filed seeking to punish the Contemnor/respondent herein for having violated the order passed by this Court in Crl.O.P(MD) No.9544 of 2020 dated 10.09.2020. 2.This Court, by an order dated 10.09.2020 in Crl.O.P(MD) No.9544 of 2020, directed the respondent police to complete the investigation in Crime No.367 of 2019 and file a final report, within a period of three months from the date of receipt of a copy of this order. However, the said order was not properly complied with. On that ground, this Contempt petition has been filed by the petitioner.

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Cont.P.(MD)No.332 of 2021 3.On 15.04.2021, when the matter was taken up for hearing, it is stated that the investigation was completed and the final report was also filed before the Judicial Magistrate No.I, Madurai on 20.04.2020 and recording the said statement, the Contempt Petition was closed. After passing the aforesaid order, the learned Government Advocate(Criminal Side) submitted that there was some confusion with regard to the final report. In order to verify the same, the matter was ordered to be listed today (27.04.2021). 4.Today, when the matter is taken up for hearing, the learned Government Advocate (crl.side) would submit that final report has already been filed before the Judicial Magistrate, Periyakulam and the same was taken on file in C.C.No.59 of 2021 and the case was posted for hearing on 03.05.

2021 for appearance of the accused. 5.Recording the submission made by the learned Government Advocate (crl.side), this Criminal Original Petition stands closed. Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) cp 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 1.The Inspector of Police, Periyakulam Police Station, Theni District.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.S.SARAVANAN, Advocate ( SR-16100[F] dated 16/04/2021 ) Cont.P.[MD]No.332 of 2021 27.04.2021 CN(02.06.2021)3P C4 https://hcservices.ecourts.gov.in/hcservices/ 2/2