Madras High CourtCONT P(MD)/1365/2021closed

M.Shanmugavalli v. Sundari

2021-11-16Honourable Mr Justice G.Ilangovan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.11.2021

CORAM

THE HON'BLE MR JUSTICE G.ILANGOVAN Cont P(MD)No.1365 of 2021 in Crl.OP(MD)No.8736 of 2021 M.Shanmugavalli : Petitioner/Petitioner -vsMrs.Sundari, The Inspector of Police, TIW-III Police Station, Madurai City. : Respondent/Respondent Prayer: Petition filed under Section 11 of the Contempt of Court Act, 1971, to punish the respondent herein committing contempt and willful disobedience of the order passed by this Court in Crl.OP(MD) No.8736 of 2021, dated 05.07.2021.

Prayer in CRL OP(MD). 8736/ 2021 :

Criminal Original Petition filed under section 482 of Cr.P.C., prayed to direct the 1st respondent to give necessary direction to the 2nd respondent to complete the investigation in Crime no. 182/2019 and to file Final Report within the stipulated time For Petitioner : Mr.B.Sukumar For Respondent : Mr.M.Muthumanikkam Counsel for Government of Tamil Nadu (Crl.Side)

O R D E R

This petition has been filed to punish the respondent for her willful disobedience and non compliance of the order, passed by this Court, made in Crl.OP(MD)No.8736 of 2021, dated 05.07.2021. 2.When the matter is taken up for hearing, the contemnor/respondent is present and the learned Government Advocate (Crl.Side) would submit that as per the order of this Court, dated 05.07.2021, investigation was completed and final report was filed before the learned Judicial Magistrate No.VI, Madurai, on 31.08.2021, by referring the First Information Report as 'charge abated'.

https://hcservices.ecourts.gov.in/hcservices/ 3.It is seen that the accused person in that matter also died, on the next date of accident. So, it has been referred as

'charge abated'. But, that has not been intimated to this Court, when Crl.OP(MD)No.8736 of 2021 was taken for hearing. It appears that it is a mistake committed on the part of the police in not informing the Court about the stage of the investigation.

4. In view of the above, nothing survives for further consideration in this petition. Accordingly, this Contempt Petition is closed and the contemnor/respondent is discharged. Sd/- Assistant Registrar (CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) dss 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.Mrs.Sundari, The Inspector of Police, TIW-III Police Station, Madurai City.

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

Cont P(MD)No.1365 of 2021 in Crl.OP(MD)No.8736 of 2021 16.11.2021 RD(30.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/