Meena v. Kosalairaman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.12.2023

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR CONT.P(MD)No.2370 of 2023 in Crl.O.P(MD)No.2584 of 2023 Meena : Petitioner/Petitioner Vs.

Kosalairaman, Inspector of Police, Central Crime Branch, Tiruchirappalli.

: Contemnor/2nd Respondent PRAYER: Contempt Petition is filed under Section 11 of Contempt of Courts Act, to initiate contempt proceedings against the contemnor/respondent and punish his for willful disobedience of the order of this Court in Crl.O.P(MD)No.2584 of 2023, dated 09.02.2023. For Petitioner : Mr.R.Venkatesan For Respondent : Mr.SS.Madhavan, Government Advocate (Criminal Side)

ORDER

This Contempt Petition has been filed seeking orders to punish the contemnor for the deliberate and willful disobedience of the order passed in Crl.O.P(MD)No.2584 of 2023, dated 09.02.2023. 1/4

2. In pursuance of the directions of this Court, the learned Judicial Magistrate No.III, holding full additional charge of Court of Judicial Magistrate No.I, Tiruchirappalli, has submitted a report, dated 08.12.2023, stating that Central Crime Branch Police has filed a report, in pursuance of the directions passed in Crl.M.P.No.4028 of 2019 on 05.04.2023; that the examiner of the concerned Court returned the copy application citing that no such closure report was filed in Crl.M.P.No.4028 of 2019, since it was a petition to dispense with the absence of the accused; that meanwhile, the CCB Police has filed a copy application and the same was granted on 05.12.2023; that this Court has directed the respondent to submit a report as directed by the learned Judicial Magistrate within a period of ten days from the date of receipt of copy of that order and that the report came to be filed on 05.04.2023.

3. The learned Government Advocate (Criminal Side) would submit that the copy of the order of this Court was received on 30.03.2023.

4. Since the report has already been filed on 05.04.2023, the delay cannot be considered as wanton and willf ul.

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5. At this juncture, the learned counsel for the petitioner would submit that liberty may be given to file protest petition challenging the report filed on 05.04.2023.

6. In view of the above, the Contempt Petition is closed. The petitioner is at liberty to file protest petition, if so advised. 11.12.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No das To The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

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K.MURALI SHANKAR,J.

das CONT.P(MD)No.2370 of 2023 in Crl.O.P(MD)No.2584 of 2023 11.12.2023 4/4