P.Thiruppathy v. Thiru.Manimaran,

Cont.P.(MD).No.478 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.09.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Cont.P.(MD).No.478 of 2018 in Crl.O.P.(MD)No.731 of 2018 P.Tiruppathy .. Contempt Petitioner/Petitioner Vs.

Thiru Manimaran, The Inspector of Police, Palanichettiyapatti Police Station, Theni District.

.. Contemnor/2nd Respondents PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Courts Act, to initiate contempt proceedings against the respondent and punish him for the willful disobedience and fraudulent misrepresentation on 17.01.2018 made in Crl.O.P.(MD) No.731 of 2018.

Prayer in CRL OP(MD). 731/ 2018 :

Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the Respondent No.1 to withdraw the case in Crime No. 838 of 2017 dated 08.12.2017 on the file of Respondent No. 2 and entrust the same to Respondent no.3 for investigation of the case by a Competent Officer within the time stipulated by this Honourable Court and conduct investigation in accordance with law. For Petitioner : Mr.R.Venkatesan For Respondent : Mr.R.Anandharaj, Additional Public Prosecutor

O R D E R

This contempt petition has been filed to initiate contempt proceedings against the respondent and punish him for the willful disobedience and fraudulent misrepresentation on 17.01.2018 made in Crl.O.P.(MD)No.731 of 2018.

2. This petition has been filed by the petitioner for transfer the investigation in Crime No.838 of 2017. 3.When the matter was taken up for hearing on 17.01.2019 before this Court, the learned Government Advocate (Crl.Side) would submit that the investigation has been completed and charge sheet has also been filed before the learned Judicial Magistrate, Theni. https://hcservices.ecourts.gov.in/hcservices/ 1/2

Cont.P.(MD).No.478 of 2018

4. The learned counsel for the petitioner would submit that thereafter he filed a petition before the concerned Court seeking final report, it was returned for the reason that the charge sheet has not been taken cognizance.

5.Further, the learned Additional Public Prosecutor would submit that after completion of the investigation, they filed a final report and the same has been taken cognizance in S.T.C.No.2796/2018 on the file of the learned Judicial Magistrate, Theni and the same is pending for trial. Further, there is no contempt is made out as against the respondent. 6.Recording the above submission made by the learned Additional Public Prosecutor, this Criminal Original Petition is dismissed.

Sd/- Assistant Registrar (CS-II) // True Copy // Sub Assistant Registrar(CS ) dss To Thiru Manimaran, The Inspector of Police, Palanichettiyapatti Police Station, Theni District.

Cont.P.(MD).No.478 of 2018 in Crl.O.P.(MD)No.731 of 2018 26.09.2019 CS(17.10.2019) 2P 2C https://hcservices.ecourts.gov.in/hcservices/ 2/2