M.Alagumani v. State Rep. By

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.08.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN M.Alagumani ... Petitioner/Petitioner Vs.

State rep. by The Inspector of Police, Elumalai Police Station, Madurai District.

(In Crime No.156 of 2022) ... Contemnor/Respondent PRAYER : Contempt Petition is filed under Section 11 of the Contempt of Court Act, 1970, to punish the respondent for his wilful, deliberate and intentional not complying of the order of this Court in Crl.O.P.(MD).No.10133 of 2023 dated 12.06.2023.

For Petitioner :Mr.N.Balasubramanian For Respondent : Ms.M.Aasha Government Advocate (Crl. Side) 1/5

O RDER This petition has been filed to punish the respondent for his wilful, deliberate and intentional not complying of the order of this Court in Crl.O.P. (MD).No.10133 of 2023 dated 12.06.2023.

2.By the above said order, this Court directed the respondent police to conduct proper investigation and to file the final report within a period of three months from the date of receipt of a copy of that order. Since the above said order was not complied, this contempt proceedings has been initiated by the petitioner. Pending the contempt proceedings, since the learned Government Advocate (Crl. Side) stated that final report was filed before the concerned Court on 28.07.2023 itself, but the same was not taken cognizance. Therefore, report was called for from the trial Court namely the learned Judicial Magistrate No.II, Usilampatti. Report was received from the trial Court stating that "I most humbly submit that the final report was filed by the Sub-Inspector of Police, Elumalai Police Station, on 28.07.2023, deleting the name of sixteen Accused out of total Seventeen Accused, who are named Accused in the FIR. Hence, notice was issued to Defacto Complainant in 2/5

Crl.M.P.No.822 of 2023, dated 01.08.2023, in D.No. 614/2023, dated 01.082023 and the matter stands posted on 23.08.2024, for issue of Final notice to the defacto complainant."

3.Perusal of report shows that sixteenth accused was deleted from the final report. So notice was issued to the defacto complainant, who is the petitioner herein, on 01.08.2023 itself. But, so far, it appears that the notice was not served upon the petitioner herein. Let him receive the notice and workout his remedy before the concerned Court, if so aggrieved.

4.With the above said direction, this contempt petition stands closed. 02.08.2024 Internet : Yes / No Index : Yes / No TM To 1.The Inspector of Police, Elumalai Police Station, Madurai District.

(In Crime No.156 of 2022) 3/5

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

4/5

G.ILANGOVAN. J.

TM 02.08.2024 5/5