S. Senthilkumar v. The Superintendent Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2023

CORAM:

THE HONOURABLE DR.JUSTICE D.NAGARJUN S.Senthilkumar ... Petitioner Vs.

The Inspector of Police, District Crime Branch, Ramanathapuram.

..Respondent PRAYER : Contempt Petition is filed under Section 11 of the Contempt of Court Act, to punish the contemnor for the disobedience of the orders of this Court made in Crl.O.P(MD).No.13618 of 2022 dated 28.07.2022. For Petitioner : Mr.R.Srinivasan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor O RDER This Criminal Original Petition is filed under section 11 of the Contempt Act to punish the contemnor to disobedience of the order passed by this Court in Crl.O.P(MD).No.13618 of 2022 dated 28.07.2022.

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2. It is submitted by the learned counsel appearing for the petitioner that as per the directions of this Court dated 28.07.2022, the respondent was directed to complete the investigation and file the final report in Crime No.40 of 2021 within four months from the date of receipt of a copy of the order. Even after completion of four months as directed by this Court, the respondent Police have failed to file the final report and the petitioner stated to have issued a notice dated 06.05.2023 directing the respondents to file the final report as directed by this Court in Crl.O.P(MD).No.13618 of 2022, inspite of which, the final report has not been filed and therefore, the petitioner sought for punishing the contemnor.

3. The learned Additional Public Prosecutor appearing for the official respondent, on the other hand, submits that on account of nonavailability of the witnesses, the statements of witnesses could not be recorded and thereby, there is a delay in completing the investigation.

4. It is reported that the investigation has already been completed and the final report was filed on 25.07.2023 and taken on file in C.C.No.196 of 2023 by the learned Judicial Magistrate No.II, Ramnad. 2/4

5. Since the investigation has already been completed, the explanation offered by the learned Additional Public Prosecutor appearing for the official respondent for the delay in non-implementation of the directions of this Court is hereby accepted. Therefore, this Contempt Petition is closed.

01.08.2023 Index : Yes/No Internet : Yes/No ssb To 1.The Inspector of Police, District Crime Branch, Ramanathapuram.

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

DR.D.NAGARJUN. J.

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