Madras High CourtCONT P(MD)/475/2020closed

Mansoor Ali v. Ananthathandavam

2020-08-07Honourable Mr Justice R. Pongiappan2 pages

Cont.P.(MD)No.475 of 2020 BEFORE THE MADRUAI BENCH OF MADRAS HIGH COURT DATED : 07.08.2020 CORAM :

THE HONOURABLE MR.JUSTICE R.PONGIAPPAN Cont.P.(MD)No.475 of 2020 in Crl.O.P.(MD)No.17759 of 2019 Mansoor Ali, S/o.Mohammed Musthafa

...Petitioner

Vs.

Mr.Ananthathandavam, The Inspector of Police, Othakadai Police Station, Madurai District.

...Respondent

Prayer : Petition filed under Section 11 of the Contempt of Courts Act, 1971, to punish the respondent herein for his deliberate and wilful disobedience of the order of this Court, dated 29.11.2019, passed in Crl.O.P.(MD)No.17759 of 2019. Prayer in CRL OP(MD). 17759/ 2019 :

To direct the respondent police to complete the investigation in Crime No.408 of 2019 and to file charge sheet within the period that may be stipulated by this Honble Court. For Petitioner : Mr.J.Karthikeyan For Respondent : Mr.S.Chandrasekar Additional Public Prosecutor

O R D E R

Alleging non-compliance of the order dated 29.11.2019, made in Crl.O.P.(MD)No.17759 of 2019, the present contempt petition has been filed.

2.Today, when the matter is taken up for hearing, it is stated by the learned Additional Public Prosecutor that the final investigation in Crime No.408 of 2019 has already been completed and the case has been closed as 'mistake of fact' on 28.11.2019 and the closure report has been filed before the learned Judicial Magistrate, Melur.

3.At this juncture, the learned counsel appearing for the petitioner would submit that in respect of filing of closure report, the investigation officer has not served any RCS Notice to the petitioner.

4.Recording the above said submissions, this Contempt Petition is closed, with a direction to the respondent police to serve RCS notice on the petitioner, within a period of two weeks from the date of receipt of a copy of this order and on receipt of the refer https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD)No.475 of 2020 notice, the petitioner is at liberty to proceed against the proposed accused before the appropriate forum.

Sd/- Assistant Registrar (As) // True Copy // / /2020 Sub Assistant Registrar(CS) Smn2 To Mr.Ananthathandavam, The Inspector of Police, Othakadai Police Station, Madurai District.

Cont.P.(MD)No.475 of 2020 07.08.2020 KB(19.08.2020) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2