Sivasankar v. Vandita Pandey

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.04.2023

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAYAN Sivasankar ... Petitioner/Petitioner vs.

1.Vandita Pandey, The Superintendent of Police, Pudukottai, Pudukottai District.

2.Muthusamy, The Inspector of Police, Regunathapuram Police Station, Pudukottai District. ... Respondents/Contemnors PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnors/respondents for the willful disobedience of the order of this Court in Cont.P(MD)No.1195 of 2022, dated 23.12.2022.

For Petitioner : Mr.C.Susikumar For Respondents : Mr.R.M.Anbunithi Additional Public Prosecutor 1/4

O R D E R

This Contempt Petition has been filed to punish the respondents for non-compliance of the order passed by this Court in Crl.O.P.(MD)No. 5278 of 2022, dated 22.03.2022, thereby directing the second respondent to complete the investigation and file a final report and if any cognizance are available to attract the offences under Sections 327 and 307 of IPC, to file a final report accordingly. Further directed the first respondent to monitor the investigation done by the second respondent. 2.At that juncture, the petitioner filed Cont.P.(MD)No.1195 of 2022 before this Court and on that day, the learned Additional Public Prosecutor submitted that as per the direction of this Court, dated 22.03.2022, the second respondent completed the investigation and filed a final report and the same was pending for taking cognizance in P.R.C.No.

658 of 2022 on the file of the learned Judicial Magistrate, Alangudi and this Court recording the submission of the learned Additional Judicial Magistrat, Alangudi, has dismissed the said petition. 3.Again the petitioner filed the present contempt petition stating that no such case in P.R.C.No.658 of 2022 is pending on the file of the learned Judicial Magistrate, Alangudi.

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4.The learned Additional Public Prosecutor would submit that the matter has been committed and the trial Court has taken cognizance in S.C.No.32 of 2023 on the file of the Special Court, Pudukottai for the offence under Section 147, 148, 341, 294(b), 506(2), 307 and 326 of IPC. Therefore, no contempt is made out as against the respondents. 5.In view of the above, the Contempt Petition stands dismissed. 28.04.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No sji To The Superintendent of Police, Pudukottai, Pudukottai District.

2.The Inspector of Police, Regunathapuram Police Station, Pudukottai District.

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

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G.K.ILANTHIRAYAN , J.

sji ORDER MADE IN Dated : 28.04.2023 4/4