Arun Thomas Varghese v. T.A.Salim

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE K.RAMAKRISHNAN FRIDAY, THE 30TH DAY OF JANUARY 2015/10TH MAGHA, 1936 Con.Case(C).No. 53 of 2015 (S) IN WP(C).5598/2014 --------------------------------------------------- WP(C) 5598/2014 of HIGH COURT OF KERALA ============= PETITIONER/PETITIONER:

------------------------------------- ARUN THOMAS VARGHESE, AGED 47 YEARS S/O.K.K.VARGHESE, RESIDING AT H.NO.39/2758 KOTTOOR HOUSE, WARRIAM ROAD, KOCHI-16.

BY ADV. SRI.P.V.CHANDRA MOHAN RESPONDENT/ADDL. 17TH RESPONDENT IN WPC:

------------------------------------------------------------------------- T.A.SALIM, (FATHER'S NAME AND AGE NOT KNOWN TO THE PETITIONER) SUPERINTENDENT OF POLICE CBCID, EOW-II, KOTTAYAM UNIT-691 001.

BY PUBLIC PROSECUTOR SMT. V.H. JASMINE THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 30-01-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: SD

K.RAMAKRISHNAN, J ------------------------ Contempt Case No.53 OF 2015 -------------------------- Dated this the 30th day of January, 2015

JUDGMENT

------------- This contempt case has been filed by the petitioner for taking contempt action against the 17th respondent for not complying with the direction given by this court under section 11 and 12 of the Contempt Court Act.

2.

It is alleged in the petition that as per order of this court dated 25.06.2014, a direction was given to the ADGP, (Crimes) for according sanction on the draft final report filed in the case as expeditious as possible, at any rate, within three months from the date of receipt of the order and take step not file the final report in court. According to the petitioner, that has not been complied with so far. So, he wants action to be taken against the respondent herein for disobeying the order of this court. The respondent filed detailed statement through the Government Pleader in which it was mentioned that sanction has been accorded by the ADGP,(Crimes) in respect of several cases relating to the same accused persons including the one filed by the petitioner as per order No.1324/CB/EOW CSO/2014 dated 24.12.2014 and 27 charge sheets will have to be filed on the basis of the same in respect of similar transactions done by the same

Contempt Case No.53 OF 2015 accused persons and for that purpose they will have to obtain certified copies of the documents to be relied on in each case to be produced before court along with the final report. They have already filed an application before the court on 15.01.2015 and they will be able to file the final report in this case within one month. Considering the statement filed by the 17th respondent, this court feels that there is no necessity for taking any action for contempt as claimed in the petition. The above statement is recorded and the contempt case is closed.

Sd/- K.RAMAKRISHNAN, JUDGE R.AV //True Copy// PA to Judge