The Court disposed of this Contempt Petition upon the respondent's filing of a Final Report and an unconditional apology. The Court directed the petitioner to approach the Magistrate if aggrieved by the dropping of further action.
The respondent's unconditional apology is accepted; the Petitioner is given liberty to challenge the Final Report if aggrieved.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.04.2017
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
Cont.P.No.3121 of 2016
R.Vijayalakshmi
.. Petitioner
Vs.
Mr.Samidurai
.. Respondent
Contempt Petition filed under Section 11 of the
Contempt of Courts Act to punish the respondent for for
disobeying the order of this Court in Crl.O.P.No.26570 of
2013 passed on 06.02.2014.
For petitioner : Mr.M.Mohan
For respondent : Mr.P.Muthukumar,
Govt. Advocate (Crl.Side)
ORDER
This Court, by order dated 06.02.2014 in
Crl.O.P.No.26570 of 2013, directed the respondent-Police to
investigate the matter (in connection with Crime No.36 of
2013 on the file of the respondent-Police) as expeditiously
as possible and to file the charge sheet within a period of
six months from the date of receipt of a copy of the order. The respondent-contemner has filed Status report dated 27.03.2017 (produced before Court on 18.04.2017) stating
that after investigation, further action has been dropped https://hcservices.ecourts.gov.in/hcservices/
on 25.03.2017 and the final report was filed before the
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Tahsildar, Sendurai, Ariyalur District. For better appreciation, it is worthwhile to extract paragraphs 9 and 10 of the status report:
"9. I submit that Tr.K.Karunanidhi, after taken a charge as Inspector of Police on March 2017, took up this case for further investigation. On careful scrutiny and on perusal of records, he examined the above said 16 witnesses and all of them corroborated the same version which was given to the earlier investigation officer. Further the Inspector of Police on seeing the final opinion, he examined concerned Government Officials to that effect and their statements were recorded.
contemner has tendered unconditional apology, and the same is hereby accepted. If the petitioner is still aggrieved by the further action taken report filed before the Tahsildar,
https://hcservices.ecourts.gov.in/hcservices/ as extracted above, it is open for the petitioner to
challenge the same in accordance with law.
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disposed of.
SD/ JOINT REGISTRAR(OS) //Certified to be true copy//
Dated at Madras this the day of 2017.
COURT OFFICER(O.S.)
From 25th Day of September 2008 the Registry is issuing
certified copies of the Orders/Judgments/Decrees in this
format.
GSR/CO/17/05/2017
Copy to
1. The Public Prosecutor, High Court, Madras.
2. The Inspector of Police,
Sendurai Police Station,
Ariyalur District.
2 issues framed by the court
Whether the Contempt Petition filed for non-compliance with the Court's order directing investigation should be disposed of upon the filing of a Final Report dropping further action.
Whether the Court should accept the unconditional apology tendered by the contemner.
2 provisions across 2 enactments
R. Vijayalakshmi
Mr. Samidurai
S. Vaidyanathan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
