Madras High CourtCONT P(MD)/951/2016dismissed

S.Jeyakumar v. Vandhita Pandey

2016-07-28Honourable Ms. Justice R.Mala2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2016

CORAM:

THE HONOURABLE MS.JUSTICE R.MALA Contempt Petition(MD)No.951 of 2016 IN Crl.O.P.(MD).No.19138 of 2015 S.Jeyakumar ... Petitioner/Petitioner Vs.

1.Mrs.Vandhita Pandey, I.P.S., The Superintendent of Police, Karur District.

2.Mr.Prithvi Raj, The Inspector of Police, Vangal Karur Police Station, Karur District.

... Respondents/Respondents PRAYER: Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondents for their wilful disobedience of the order dated 28.10.2015 passed by this Court in Crl.O.P.(MD) No.19138 of 2015.

Prayer in CRL OP(MD). 19138/ 2015 : Criminal Original Petition is filed under Section 482 of Cr.P.C., praying to direct the respondents to file final report in Cr.No. 232 of 2014 dated 11.12.2014 within the time limit For Petitioner : Mr.V.Sankaranarayanan For Respondents : Mr.R.Velmurugan Government Advocate

ORDER

The petitioner has come forward with this Contempt Petition stating that this Court, by order dated 28.10.2015, has passed an order directing the respondents to investigate the matter and file the final report within two months, but the same has not been complied with by the respondents.

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2. Mr.R.Velmurugan, learned Government Advocate appearing for the respondents, on instructions, submitted that the investigation has not been completed and the charge sheet is yet to be filed.

3. Since the offence under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, is also involved, the Deputy Superintendent of Police concerned would be the competent authority to be appointed by the Superintendent of Police, to investigate the matter. Here, in this case, the Inspector of Police has been added as one of the respondents.

4. In view of the above, liberty is given to the petitioner to file a fresh contempt application, against the Deputy Superintendent of Police concerned, who investigated the matter and not as against the Inspector of Police, who is not competent to investigate into the offences under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Amendment Ordinance, 2014, even though this Court ordered for the same.

5. Therefore, this Contempt Petition is dismissed, giving liberty as above.

Sd/ Assistant Registrar /True Copy/ Sub Assistant Registrar To 1 Mrs.Vandhita Pandey, I.P.S., The Superintendent of Police, Karur District.

2.Mr.Prithvi Raj, The Inspector of Police, Vangal Karur Police Station, Karur District.

rsb SMA/SKS-RR/05/08/2016 :2P/3C Contempt Petition(MD)No.951 of 2016 IN Crl.O.P.(MD).No.19138 of 2015 28.07.2016 https://hcservices.ecourts.gov.in/hcservices/