Madras High CourtCONT P(MD)/1041/2020dismissed

B.Balachandran v. Thirumalai,

2021-02-22Honourable Mrs Justice R. Hemalatha2 pages

CONT.P.(MD)No.1041 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.02.2021

CORAM:

THE HONOURABLE MRS.JUSTICE R.HEMALATHA CONT.P.(MD)No.1041 of 2020 in Crl.O.P.(MD)No.6543 of 2020 B.Balachandran ... Contemnor/Petitioner Vs

1. Thirumalai, The Inspector of Police, Emaneswaram Police Station, Ramanathapuram.

2. Velmurugan, The Deputy Superintendent of Police, CBCID, Madurai.

... Respondents/Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act 1971, to punish the respondents for their wilful disobedience of the order passed by this Court dated 23.06.2020, in Crl.O.P.(MD).No.6543 of 2020.

Prayer in CRL OP(MD)No.6543/2020 :

Criminal Original Petition filed under Section 482 of Criminal Procedure Code, to direct the 2nd respondent to withdraw the case in Crime No.153 of 2020 and transfer the same to the 3rd respondent with a direction to investigate the matter and to file a charge Sheet in accordance with law.

For Petitioner : Mr.P.Subbaraj For Respondents : Mr.S.Chandrasekar Additional Public Prosecutor

ORDER

The present petition has been filed seeking for a direction to initiate action against the respondents, since they wilfully disobeyed the orders dated 23.06.2020 passed by this Court in Crl.O.P.(MD).No.6543 of 2020.

2.Mr.P.Subbaraj, learned counsel appearing for the petitioner contended that though the Deputy Superintendent of Police was directed to monitor the investigation in Crime No.153 of 2020 of Emaneswaram Police Station, Ramanathapuram District, sofar, there is no progress in the investigation.

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CONT.P.(MD)No.1041 of 2020 3.Today, while Mr.Velmurugan, the Deputy Superintendent of Police, Paramakudi, is present before this Court, the second contemnor, is not present.

4. A perusal of the orders passed by this Court in Crl.O.P.(MD)No.6543 of 2020 shows that the Deputy Superintendent of Police was directed to monitor the investigation in Crime No.153 of 2020 of Emaneswaram Police Station and no positive direction was given to the Inspector of Police and the Deputy Superintendent of Police to complete the investigation within the stipulated period.

5. The contention of Mr.S.Chandrasekar, learned Additional Public Prosecutor appearing for the respondents is that the investigation is underway and would be completed soon.

6. Recording the said submissions, the Contempt Petition is dismissed, since no contempt has been committed by the present respondents/contemnors.

Sd/- Assistant Registrar (CO) // True Copy // / /2021 Sub Assistant Registrar(CS-) 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. To

1. The Inspector of Police, Emaneswaram Police Station, Ramanathapuram.

2. The Deputy Superintendent of Police, CBCID, Madurai.

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

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