Madras High CourtCONT P(MD)/1283/2021dismissed as infructuous

P.Marimuthu v. Suresh Kumar

2021-11-12Honourable Mr Justice G.Ilangovan2 pages

Cont.P.(MD).No.1283 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 12.11.2021

CORAM:

THE HONOURABLE MR.JUSTICE G.ILANGOVAN Cont.P.(MD).No.1283 of 2021 P.Marimuthu ... Petitioner/Petitioner Vs.

Mr.Suresh Kumar, The Inspector of Police, Sivagangai Town Police Station, Sivagangai District.

.. Contemnor/Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to issue summons to the Contemnor/Respondent for the wilful disobedience of the orders of this Court passed in Order dated 20.04.2021 in Crl.O.P.(MD).No.5599 of 2021 and punish him under the provisions of Contempt of Courts Act. Prayer in CRL OP(MD). 5599/ 2021 :

To issue an order or direction the 1st respondent police to direct the 2nd respondent to file a final report in Cr.No.505 of 2019 on the file of the 2nd respondent within the stipulated time as this Honble Court.

For Petitioner : Mr.V.Kannan For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor

ORDER

This petition has been filed seeking an order of punishment to the respondent for his wilful disobedience of the order passed in Crl.O.P.(MD).No.5599 of 2021 dated 20.04.2021. 2.By the common order in Crl.O.P.(MD).No.5599 and 5621 of 2021, a direction was issued to the respondent herein to complete the investigation process and file final report within a period of three months from the date of receipt of a copy of that order. The grievance of the petitioner is that the above said order has not been complied.

4.Today, the respondent present before this Court. The learned Additional Public Prosecutor submitted that the complaint that has been given by the petitioner has been closed as Mistake of Fact and RCS notice was also sent to the petitioner.

5.But however, the learned counsel for the petitioner submitted that RCS notice has not been served to the petitioner so far. It is represented that the RCS notice has been served only on 10.11.2021. The learned counsel for the petitioner may get the copy of the RCS https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD).No.1283 of 2021 notice from the office of the learned Additional Public Prosecutor. After receiving the RCS notice, the petitioner can workout his remedy through appropriate proceedings. Hence, nothing survives in this petition for further consideration.

6.Accordingly, this contempt petition is dismissed as infructuous.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) TM 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, Sivagangai Town Police Station, Sivagangai District.

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

Cont.P.(MD).No.1283 of 2021 12.11.2021 SJ(CO) GC(30.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2