Madras High CourtCONT P(MD)/1942/2023closed

Pugalendran v. Kalaivani

2023-12-12Honourable Mr Justice K.K. Ramakrishnan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 12.12.2023

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN in Crl.O.P(MD)No.4924 of 2017 Pugalendran .. Petitioner /Petitioner Vs.

Kalaivani, The Inspector of Police, Papanasam Police Station, Thanjavur District.

.. Contemnor/2nd Respondent PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, 1971 r/w Article 215 of the Constitution of India, to punish the contemnor for the willfully and deliberately violating the order of this Court made in Crl.O.P.(MD)No.4924 of 2017 dated 26.04.2017. For Petitioner : Mr.V.Thirumal For Respondent : Mr.E.Antony Sahaya Prabahar Additional Public Prosecutor 1/4

ORDER

Alleging that the order of this Court in Crl.O.P(MD)No.4924 of 2017 dated 26.04.2017 has not been complied with, the petitioner has come up before this Court with this contempt petition.

2. The relevant portion of the order dated 26.04.2017 is extracted hereunder:

"4. In view of the fact that the FIR has been registered only on 08.08.2016, the direction as prayed for by the petitioner cannot be granted. However, the respondent police is directed to complete the investigation in Crime No.298 of 2016 expeditiously and either file the closure report or final report, as the case may be, after due intimation to the petitioner."

3. Even as per the above order, this Court is not specifically fixed any time limit. The specific direction to the respondent police is that they shall file the final report or closure report, as the case may be, after due intimation to the petitioner.

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4. The learned Additional Public Prosecutor, on instructions, submitted that the respondent police served the intimation to the petitioner and also filed the final report before the Court concerned. He further submitted that the RCS notice was affixed in the doors of the petitioner's house on 05.08.2019. He also produced a photocopy to prove the service of RCS notice to the petitioner. The same was disputed by the learned counsel for the petitioner.

5. In the said circumstances, this Court directed the learned Additional Public Prosecutor to serve a copy of the closure report to the learned counsel for the petitioner and he also served the copy across the bar.

6. In view of the same, this contempt petition is closed. However, the petitioner is at liberty to challenge the closure report in the manner known to law.

12.12.2023 Index : Yes / No Internet : Yes/ No NCC : Yes / No PJL 3/4

K.K.RAMAKRISHNAN, J.

PJL To 1.Ms.Kalaivani, The Inspector of Police, Papanasam Police Station, Thanjavur District.

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

in Crl.O.P(MD)No.4924 of 2017 12.12.2023 4/4