Madras High CourtSUB A(MD)/199/2018disposed of

P.Ganesan, v. Mr. Perumal,

2020-01-02Honourable Mr Justice G.R.Swaminathan2 pages

SUB.A.(MD)No.199 of 2018 IN BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.01.2020

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN SUB.A.(MD)No.199 of 2018 IN CONT.P.(MD)No.521 of 2017 in CRL.OP(MD)No.19359 of 2016 P.Ganesan ... Petitioner/Petitioner Vs.

Perumal, The Inspector of Police, Surandai Police Station, Tirunelveli District.

(Crime No.69 of 2006) ... Contemnor/Respondent Prayer in Sub A(MD)No.199 of 2018: Sub Application is filed under Section 151 of C.P.C., to reopen Cont.P.(MD)No.521 of 2017 and initiate contempt proceedings against the contemnor/respondent and punish them for the willful disobedience of the order passed by this Court in Crl.O.P.(MD)No.19359 of 2016, dated 02.11.2016. Prayer in Cont P(MD)No.521/2017:

This Contempt Petition filed under section 11 of the Contempt of Court, praying to punish the respondent herein for the willful disobedience of the order dated 02.11.2016 passed in Criminal Original Petition in Crl.OP(MD)No.19359 of 2016 Prayer in CRL OP(MD). 19359/ 2016 :

Criminal Original Petition filed under section 482 Cr.P.C. Praying to direct the second respondent to file a petition under section 340 of Cr.P.C. before the concerned court to initiate action against the respondent Nos. 4 and 5 for furnishing false information to the court in Crl.OP.No.2694 of 2009 dated 10.6.2009 and direct the third respondent to file a final report in Crime No.69 of 2006 dated 21.03.2006 on the file of the third respondent within time stipulated time as fixed by this Court.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.A.Robinson, Government Advocate(Crl. Side).

O R D E R

The petitioner alleges that the statements made before this Court on the earlier occasion have turned out to be incorrect. The https://hcservices.ecourts.gov.in/hcservices/ 1/2

SUB.A.(MD)No.199 of 2018 IN petitioner is the defacto complainant in Crime No.69 of 2006. He moved this Court for directing the authorities to file final report.

2. The learned Government Advocate(Crl. Side) now states that final report has been filed before the Judicial Magistrate, Alangulam and that the petitioner has also filed a protest petition and it is now prosecuted as private complaint in P.R.C.No.8 of 2019.

3. Recording the said submission, this petition stands disposed of.

4. It is made clear that the petitioner's right to prosecute the private complaint can no way be affected by the earlier orders passed by this Court. All the rights of the petitioner are left open.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2020 Sub Assistant Registrar(CS ) Pmu To :

The Inspector of Police, Surandai Police Station, Tirunelveli District.

Copy to:

The Judicial Magistrate, Alangulam SUB.A.(MD)No.199 of 2018 IN CONT.P.(MD)No.521 of 2017 02.01.2020 MK (27.01.2020) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2