S.Rajavarman v. Karikalacholan,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR in Crl.O.P.(MD)No.21527 of 2022 S.Rajavarman ... Petitioner/ Petitioner Vs.

Karikalacholan The Inspector of Police, Ammapet Police Station, Thanjavur District.

(Crime No.225 of 2021) ... Contemnor/ Respondent PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the contemnor/respondent for his willful disobedience of the order dated 06.12.2022 made in Crl.O.P.(MD)No. 21527 of 2022, on the file of this Court.

For Petitioner : No appearance For Contemnor : Mr.S.S.Madhavan Government Advocate (Crl. Side)

O R D E R

The Contempt Petition has been filed to punish the contemnor/ respondent for his willful disobedience of the order of this Court dated 06.12.2022 made in Crl.O.P.(MD)No.21527 of 2022.

2. When the matter is taken up for hearing today, there is no representation for the petitioner.

3. Heard the learned Government Advocate (Criminal Side) appearing for the respondent and perused the reply filed by the contemnor.

4. It is seen from the records that this Court, vide order dated 06.12.2022, recording the submission made by the learned Government Advocate (Criminal Side) that investigation is almost completed and they are going to file a charge sheet shortly, directed the respondent police to file charge sheet before the jurisdictional Court within a period of two weeks from the date of receipt of a copy of that order.

5. Since the charge sheet has not been filed, the petitioner has filed the present contempt petition. When the case was posted for admission

on 25.07.2023, charge sheet came to be filed on 28.07.2023 and the case was taken on file in C.C.No.73 of 2023.

6. The learned Government Advocate (Criminal Side) would submit that there is a delay of more than 6 months, but due to the engagement in other cases, particularly, in a kidnap case in Crime No.335 of 2023 and the contemnor had proceeded with the police personnel to Telangana State to secure the victim and that the delay occurred is neither willful nor wantoned.

7. Only on the basis of the submission made by the learned Government Advocate (Criminal Side) that investigation was almost completed, direction was given to file charge sheet within two weeks, but even after the completion of the investigation, the present charge sheet came to be filed after 7 months since the date of order of this Court. However, considering the explanation given by the contemnor and accepting the same, this Contempt Petition is closed. 23.11.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No csm

K.MURALI SHANKAR , J.

csm To 1.The Inspector of Police, Ammapet Police Station, Thanjavur District.

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

ORDER MADE IN in Crl.O.P.(MD)No.21527 of 2022 Dated : 23.11.2023