Dismissed

R. Jayaraj v. Malaisamy

Madras HC26 Feb 2020CONT P(MD)/123/2020

Case brief

AI extract

What is this about?

In this contempt petition filed under Section 11 of the Contempt of Court Act, the petitioner challenged a police delay in filing a final report regarding a murder case. The respondent explained the delay and sought an apology. The court accepted the apology and closed the contempt petition but granted liberty to challenge the final report.

What did the court decide?

Apologies of the respondent accepted; contempt petition closed; liberty granted to challenge the final report.

R. Jayaraj Vs Malaisamy — Constitutional and Fundamental Rights | Madras HC (2020)

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Cont.P.(MD)No.123 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED: 26.02.2020

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CORAM:

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THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA

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Cont.P.(MD)No.123 of 2020 in Crl.O.P.(MD)No.10790 of 2019

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R.Jayaraj

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: Petitioner/Petitioner

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Vs.

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Malaisamy, Inspector of Police, Thallakulam Police Station, Thallakulam, Madurai.

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PRAYER: Contempt Petition filed under Section 11 of the Contempt of Court Act, to punish the contemnor / respondent herein for committing grave contempt and gross disobedience of the order passed by this Court in Crl.O.P.(MD)No.10790 of 2019 dated 31.07.2019.

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Prayer in CRL OP(MD). 10790/ 2019 :

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Criminal Original Petition is filed under Section 482 of Cr.P.C. to direct the 2nd respondent police to expedite the investigation in Cr.No.223/2019 on the file of the 2nd respondent police and to file final report within the time frame that may be stipulated by this Court.

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ORDER

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This contempt petition has been filed to punish the contemnor / respondent herein for committing grave contempt and gross disobedience of the order passed by this Court in Crl.O.P.(MD) No.10790 of 2019 dated 31.07.2019.

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2.Contemnor is present before this Court, today. The learned Additional Public Prosecutor appearing for the respondent would submit that this Court by an order dated 31.07.2019, had directed the police to complete the investigation in Crime No.223 of 2019 and file a final report within a period of one month from the date of https://hcservices.ecourts.gov.in/hcservices/

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Cont.P.(MD)No.123 of 2020

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receipt of copy of the order. The order copy was received by the respondent police on 05.12.2019 and immediately, steps were taken by respondent police and investigation has been completed and final report has been filed referring the case as mistake of fact. He would submit that RCS notice was also pasted on the house of the petitioner and that the order of this Court has been complied with. However, there was a delay on the part of the respondent police. He would submit that the delay is not willful and that the respondent police expressed his remorse for the delay in filing final report and he seeks apologies of this Court.

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3.Apologies accepted. In view of the above, the alleged delay and disobedience cannot be termed as wilful disobedience of the order. Accordingly, this contempt petition stands closed. However, liberty is granted to the petitioner to challenge the final report.

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Assistant Registrar

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// True Copy //

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/ /2020 Sub Assistant Registrar(CS)

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gns

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Inspector of Police, Thallakulam Police Station, Thallakulam, Madurai.

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Cont.P.(MD)No.123 of 2020 26.02.2020

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

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R. Jayaraj v. Malaisamy

Case brief

What is this about?

What did the court decide?

R. Jayaraj v. Malaisamy

Case brief

What is this about?

What did the court decide?

What the court decided

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