Pethu Lakshmi v. Sivabalan

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2024

CORAM

THE HON'BLE MR.JUSTICE G.ILANGOVAN Pethu Lakshmi ... Petitioner Vs.

Sivabalan, The Inspector of Police, Kattanoor Police Station, In Crime No.38 of 2022.

... Respondent PRAYER : Contempt Petition filed under Section 11 of the of Courts Act, 1971 to punish the contemnor / 3rd respondent for his deliberate and willful disobedience of the order of this Court made in Crl.O.P.(MD)No. 20202 of 2023 dated 09.11.2023.

For Petitioner : Mr.A.Karthigaivel For Respondent : Mr.R.Suresh Kumar Government Advocate (Crl.side) 1/4

ORDER

This Contempt Petition is filed to punish the contemnor / 3rd respondent for his deliberate and willful disobedience of the order of this Court made in Crl.O.P.(MD)No.20202 of 2023 dated 09.11.2023.

2. Learned Government Advocate would submit that in pursuance of the order of this Court, investigation was completed and final report was also made ready and it is presented before the concerned learned Magistrate today(03.06.2024). It is further submitted that there was a delay in dispatching the order. The date of order is 09.11.2023 but the order was made ready only on 30.01.2024 and dispatched only on 01.02.2024. Thereafter, it was received by the respondent and a final report was presented by stating that the matter has been closed as undetected.

3. A final report cannot be filed as 'undetected'. It is the duty of the Magistrate to take note of the developments and must direct the respondent herein to continue the investigation till the proper clue is found.

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4. With the above observation, this Contempt Petition is closed. 03.06.2024 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No pnn To 1.The The Inspector of Police, Kattanoor Police Station, In Crime No.38 of 2022.

2. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. 3/4

G.ILANGOVAN , J.

pnn 03.06.2024 4/4