Madras High CourtCONT P(MD)/681/2022closed

Sivagami v. Padma

2022-04-29Honourable Mr Justice G.R.Swaminathan2 pages

CONT.P.(MD)No.681 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN CONT.P.(MD)No.681 of 2022 IN CRL.O.P.(MD)No.19542 of 2021 Sivagami ... Petitioner/Petitioner Vs.

Mrs.Padma, The Inspector of Police, Viralimalai police station, Viralimalai, Pudukottai District. ... Respondent / Contemnor Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the contemnor / respondent and punish her for the willful disobedience of the order of this Court made in Crl.O.P.(MD)No.19542 of 2021 dated 10.12.2021.

Prayer in CRL OP(MD). 19542/ 2021 :

Criminal Original Petition filed Under Section 482 of Cr.P.C., to direct the Respondent to file the final report in Cr.No.102 of 2021 on the file of the Respondent Police within the time frame as fixed by this Hon'ble Court and pass such further or other orders as this Hon'ble Court.

For Petitioner : Mr.T.Vadivelan For Respondent : Mr.M.Sakthi Kumar, Government Advocate.

O R D E R

The petitioner herein filed Crl.O.P.(MD)No.19542 of 2021 for directing the respondents to file final report in Crime No.102 of 2021. Contending that the direction given by this Court has not been complied with, this contempt petition has been filed.

2. When the matter was taken up for hearing, the learned Government Advocate pointed out that the investigation has been completed and final report has been filed closing the case as mistake of fact. RCS notice was attempted to be served on the https://hcservices.ecourts.gov.in/hcservices/ 1/2

CONT.P.(MD)No.681 of 2022 petitioner but she declined to receive the same. In this regard, a photo has been produced before me. But a mere posting of RCS notice is not sufficient. The complainant must be given a copy of the final report whereby the case is said to have been closed as mistake of fact. Therefore, the learned Government Advocate is directed to serve a copy of the final report on the petitioner's counsel. It is also stated that the final report has been filed and taken on file as R.C. No.2 of 2022.

3. The jurisdictional Magistrate shall cause service of RCS notice to the petitioner. The petitioner will have the right to file protest petition.

4. With this direction and liberty to the petitioner to file protest petition, this contempt petition is closed. Sd/- Assistant Registrar(RTI) // True Copy // / /2022 Sub Assistant Registrar(CS) PMU To :

1.The Inspector of Police, Viralimalai police station, Viralimalai, Pudukottai District.

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

CONT.P.(MD)No.681 of 2022 IN CRL.O.P.(MD)No.19542 of 2021 29.04.2022 ck(CO) TR(07.06.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2