Ashwanth Kanna, v. Vinotha

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.12.2021

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN in Crl.O.P.(MD)No.13961 of 2016 Aswanth Kanna ... Contempt Petitioner/2nd Respondent/ Defacto Complainant Vs.

Vinotha, The Inspector of Police, District Crime Branch, Dindigul District.

... Contemnor/1st Respondent Prayer: Contempt petition is filed under Section 11 of the Contempt of Courts Act, to punish the respondent for the willful, deliberate, disobedience of the order of this Court made in Crl.O.P.(MD)No.13961 of 2016 dated 26.11.2019.

Prayer in CRL OP(MD). 13961/ 2016 :

To call for the charge sheet as made in C.C.No.298 of 2016 on the file of the Learned Judicial Magistrate No.II, Dindigul District and quash the same as illegal and devoid of merits. For Petitioner : Mr.G.Prabhu Rajadurai For Respondent : Mr.T.Senthil Kumar, Additional Public Prosecutor.

O R D E R

Heard the learned counsel on either side.

2.On 02.11.2021, the following order was passed:- "As directed by this Court on 24.08.2021, the investigation officer has collected receipts dated 15.05.2010 and 17.05.2010 from the learned Principal District Munsif, Dindigul. Those documents were filed in O.S.No.572 of 2011. The signatures found in the said receipts will have to be compared with the signatures found in the power of attorney document dated 02.03.2009. The said power of attorney document is said to have been filed in O.S.No.6 of 2017 on the file of the Additional District Judge, Dindigul. The investigation officer has moved the said Court also. But unfortunately, the said Court had taken the stand that unless there is a direction obtained from this Court, the document will not be parted 1/3

with. Since the investigation in this case is pending since the year 2011, the following direction is passed:- i) The Inspector of Police, District Crime Branch, Dindigul District, is directed to submit an application before the learned Additional District Judge, Dindigul, for handing over the original power of attorney document dated 02.03.2009 filed in O.S.No.6 of 2017.

ii) The learned Additional District Judge, Dindigul, is directed to hand over the original document filed in O.S.No.6 of 2017 to the investigation officer, after the same is duly substituted with authenticated photocopies. iii) The investigation officer shall obtain expert opinion as expeditiously as possible.

iv) The defacto complainant as well as his father are directed to put their specimen signatures to the investigation officer in the presence of the learned jurisdictional Magistrate. After the entire exercise is completed, the original power of attorney document shall be resubmitted before the concerned Court.

2. Call this case on 22.12.2021.

3. Registry to send an order copy directly to the learned Additional District Judge, Dindigul, for compliance."

3.The investigation officer states that on 11.11.2021 the specimen signatures were obtained. The requisition to the Forensic Lab was sent on 20.11.2021. The report is awaited. The Forensic Lab, Madurai is directed to expedite the sending of report. 4.Since order passed by this Court has been complied with, nothing survives for further adjudication. This contempt petition is closed.

Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) ias 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.

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To :

1.The Judicial Magistrate No.II, Dindigul District.

2.Do Through The Chief Judicial Magistrate Dindigul District.

3.The Inspector of Police, District Crime Branch, Dindigul District.

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

COPY TO:

1.THE PRINCIPAL DISTRICT JUDGE, DINDIGUL.

2.THE ADDITIONAL DISTRICT JUDGE, DINDIGUL.

in Crl.O.P.(MD)No.13961 of 2016 22.12.2021 NSN(CO) GC(07.01.2022) 3P 7C 3/3