In this contempt petition challenging a failure to file a final police report, the Court held that since an order extending the deadline was passed, no contempt was made out. The petition was dismissed.
Contempt petition dismissed with liberty to file fresh petition if no compliance occurs after extension.
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.
Cont.PMD)No.614 of 2022
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED : 08.04.2022 CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Cont.PMD)No.614 of 2022
R.Ramalingam
... Petitioner/ Petitioner
Vs.
Manikandan, The Inspector of Police, CCB-Crime Branch, Madurai City, Madurai. ... Contemnor/Respondent
PRAYER: Contempt Petition filed under Section 11 of Contempt of Courts Act, to summon the contemnor/respondent herein and try and punish him in accordance with law for his wilful disobedience of the order made in Crl.O.P(MD)No.2263 of 2021 on the file of this Court dated 15.02.2021.
Prayer in Crl.O.P(MD)No.2263 of 2021
To direct the 2nd Respondent to expedit the investigation and file final Report charge sheet before the ap.propriate court at the earliest in Crime No. 44/2020 pending on the file of the 2nd Respondent Police and to pass any further orders to meet the ends of justice and thus render Justice.
For Petitioner : Mr.M.Suresh For Respondent : Mr.R.M.Anbunithi Additional Public Prosecutor
ORDER
This contempt petition has been filed for disobedience of the order passed by this Court, dated 15.02.2021 made in Crl.O.P(MD) No.2263 of 2021, thereby directed the respondent to file a final report within a period of five months from the date of receipt of a copy of that order.
2.The learned counsel appearing for the petitioner would submit that the respondent failed to comply the order passed by this Court and even till today, the respondent did not complete the investigation in Crime No.44 of 2020.
3.The learned Additional Public Prosecutor appearing for the respondent would submit that after direction issued by this Court in Crl.O.P(MD)No.2263 of 2021, the respondent filed Crl.M.P(MD)No.5411 of 2021 seeking for extension of time and this https://hcservices.ecourts.gov.in/hcservices/
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Cont.PMD)No.614 of 2022
Court by an order, dated 04.08.2021 extended the time for further period of six months to complete the investigation in Crime No.44 of 2020 registered for the offences under Sections 406, 420, 465 and 468 of I.P.C. He further submitted that there are two accused in Crime No.44 of 2020, in which A.2 was arrested and remanded to judicial custody and A.1 is still absconding.
4.In view of the above, no contempt is made out as against the respondent. If the respondent failed to comply the order passed by this Court, the petitioner is at liberty to approach this Court by way of filing fresh contempt petition. Accordingly, this Contempt Petition is dismissed.
// True Copy //
/ /2022 Sub Assistant Registrar(CS)
Note :
In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
Manikandan, The Inspector of Police, CCB-Crime Branch, Madurai City, Madurai.
+1 CC to M/s.M. SURESH, Advocate ( SR-18259[F] dated 12/04/2022 ) Cont.PMD)No.614 of 2022 08.04.2022
MGJ(22.04.2022) 2P 3C
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2 issues framed by the court
Whether the respondent's failure to file a final report within the initial deadline constitutes contempt when an extension was subsequently granted.
Whether the respondent's application for an extension of time absolves him of the charge of disobedience.
1 provisions across 1 enactments
R.Ramalingam
Manikandan
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
