Madras High CourtCONT P(MD)/1258/2019disposed of

Ramanathan, v. Dhinakaran, Sub Inspector Of Police,

2019-10-01Honourable Mr Justice G.K. Ilanthiraiyan2 pages

Cont. P (MD) No.1258 of 2019 BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 01.10.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Cont. P (MD) No.1258 of 2019 Ramanathan ... Petitioner Vs Dhinakaran Sub Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.

... Respondent/Respondent PRAYER: Contempt petition is filed under Section 11 of Contempt of Courts Act, to punish the respondent for furnishing false information wantonly and wilfully to the Government Advocate in Crl.O.P.(MD) No.3683 of 2019.

Prayer in CRL OP(MD). 3683/ 2019 :

To call for the records in C.C.No.132 of 2018 on the file of the Judicial Magistrate, Devakottai and quash the same as arbitrary and illegal.

For Petitioner : Mr.K.Baalasundharam For Respondent : Mr.R.Anandharaj, APP

O R D E R

This petition has been filed for the alleged furnishing of false information wantonly and wilfully to the Government Advocate in Crl.O.P.(MD) No.3683 of 2019.

2.Heard both sides and perused the materials available on records.

3.While this Court disposing the quash petition Crl.O.P.(MD) No.3683 of 2019 filed by the petitioner and others, vide order dated 27.03.2019, this Court observed that in respect of the counter complaint lodged by the petitioner in crime No.735 of 2015, the same has been closed as mistake of fact as represented by the learned Government Advocate (criminal side). However, when the petitioner verified the said fact with the Court records, he found that the respondent did not file any final report in crime https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont. P (MD) No.1258 of 2019 No.735 of 2015 as submitted before this Court. Therefore, he approached this Court with this contempt petition. 4.Now, the learned Additional Public Prosecutor submitted that the respondent completed the investigation and charge sheet has also been filed, however, they are yet to serve the referred charge sheet notice to the petitioner/defacto complainant. 5.Considering the said facts and circumstances of the case, this Court is of the view that there is no contempt made as against the respondent as per the order dated 27.03.2019. Hence, this contempt petition is closed.

However, the respondent is directed to serve referred charge sheet notice to the petitioner/defacto complainant, within a period of four weeks from the date of receipt of a copy of this order and on receipt of the same, the petitioner/defacto complainant is at liberty to file a protest petition before the concerned Judicial Magistrate. Sd/- Assistant Registrar (co) // True Copy // Sub Assistant Registrar(CS) Arul To Dhinakaran Sub Inspector of Police, Taluk Police Station, Devakottai, Sivagangai District.

+1 CC to M/s.K.BAALASUNDHARAM, Advocate ( SR-91492[F] dated 04/10/2019 ) Order made in Cont. P (MD) No.1258 of 2019 01.10.2019 KM/(22.10.2019) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2