M.Gurusamy v. Esther

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.04.2016

CORAM:

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CONT.P.(MD) No.660 of 2016 in Crl.O.P.(MD) No.3702 of 2015 M.Gurusamy ... Petitioner/Petitioner vs.

Esther Inspector of Police District Crime Branch Virudhunagar District ... Respondent/3rd Respondent Prayer: Petition is filed under Section 11 of the Contempt of Courts Act, 1971 to punish the respondent for deliberate and willful interference and obstruction the administration of justice of this Court by making false representation and laying false information in Crl.O.P.(MD) No.3702 of 2016, when came up for hearing on 02.03.2016.

Prayer in Crl.O.P.(MD)No.3702 of 2016: Criminal Original Petition filed under Section 482 of Cr.P.C., praying to transfer the investigation in Crime No.10 of 2015 on the file of the 3rd respondent to the 2nd responent for fair and proper investigation and to file the final report in accordance with law.

For Petitioner : Mr.A.Sivasubramanian For Respondent : Mrs.S.Prabha Govt. Advocate (Crl.Side)

O R D E R

Heard the learned counsel appearing for the petitioner and Mrs.S.Prabha, learned Government Advocate (Criminal Side) appearing for the respondent and perused the materials.

2. When the matter is taken up for hearing, the learned Government Advocate (Criminal Side) submitted that after completion of investigation, in Crime No.10 of 2015, on 24.07.2015 the respondent herein prepared a closure report and filed it before the learned Judicial Magistrate No.II, Virudhunagar, who has issued notice to the petitioner and pursuant to which he appeared before the learned Judicial Magistrate No.II, Virudhunagar and filed a protest application and the same is adjourned to 13.05.2016.

https://hcservices.ecourts.gov.in/hcservices/

3. In view of the above, this contempt petition is closed with liberty to the petitioner to proceed with the protest application in view of the law laid down by the Hon'ble Supreme Court in Vinay Tyagi vs. State of U.P.and others, reported in Laws (All)-2010-8369. Sd/- Assistant Registrar(Record) /True copy/ Sub Assistant Registrar Madurai Bench of Madras High Court, Madurai.

krk To:

1)Esther, Inspector of Police, District Crime Branch, Virudhunagar District.

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

COPY TO:

The Judicial Magistrate No.II, Virudhunagar.

+1 cc to Mr.A.SIVASUBRAMANIAM, Advocate, SR No.24422 RG.DP-PM/17.05.2016 2P/5C CONT.P.(MD) No.660 of 2016 in Crl.O.P.(MD) No.3702 of 2015 27.04.2016 https://hcservices.ecourts.gov.in/hcservices/