M MURUGANANDHAM Vs. NARASIMHAVARMAN

JUDGEMENT

(1.) THIS petition is filed by the petitioner under Section 11 of the Contempt of Courts Act, to punish the respondent for not obeying the Order of this Court dated 01.12.2010 and made in Crl.O.P.No.26138 of 2010.

(2.) THE excerpt of the facts, which is absolutely necessary for the disposal of this petition is detailed as under: 2.1. THE petitioner had filed a petition in Crl.O.P.No.26138 of 2010 under Section 482 of the Code of Criminal Procedure, seeking a direction to the Commissioner of the Police, Egmore, Chennai to transfer the investigation of the case in Crime No.324 of 2010 from the file of the Inspector of Police, J2 Adyar Police Station, Chennai to any other fair and competent investigation officer or agency. 2.2. In the above said petition, the petitioner had alleged that a crack was developed in his marital relationship with his first wife Megala as she was trying to do away with his life by poisoning him. He had also alleged that she was trying to attack him with dangerous weapon, with the aide of hooligans. 2.3. On account of this reason, he had obtained a customary divorce from her, after paying the compensation and maintenance as a whole by executing a moochalika before the Panchayathars and family elders. THEreafter, she has been living separately in Chidambaram along with her three children. 2.4. THE petitioner had also alleged that on 21.02.2010, his elder son one Gopilingam came to his office in Adyar with rowdy elements and put him under threat and subsequently he had taken away his Toyota Innova Car bearing registration No.TN07 BB4060 (Silver colour) to Chidambaram. Hence, the petitioner had lodged a complaint before the Inspector of Police (L&O), J2 Adyar Police Station, Chennai, on 24.05.2010 and based on his complaint a case in Crime No.324 of 2010, under Sections 428, 379 and 506(ii) I.P.C., was registered on 26.05.2010. 2.5. He had also stated that he had approached the Inspector of Police, attached to J2 Adyar Police Station to seize the Toyota Innova Car from his first wife Megala. But, the above said Inspector of Police, had not taken preliminary steps to seize the car as he was having hand in glow with the petitioner's first wife. Even inspite of his representation either in person or through post, neither the Commissioner of Police, Egmore, Chennai, nor the Inspector of Police, attached to J2 Adyar Police Station had taken any effective steps to investigate the matter. Hence, he had chosen to knock at the door of this court by filing a petition in Crl.O.P.No.26138 of 2010 to transfer the investigation pertaining to the case in Crime No.324 of 2010 from the file of the Inspector of Police, J2 Adyar Police Station to any other competent investigation officer or agency. 2.6. After hearing both sides, this Court has passed an Order on 01.12.2010 directing the Commissioner of Police, Egmore, Chennai to depute the Assistant Commissioner of Police, Adyar Police Station, who is the respondent/contemnor herein to take up the case in Crime No.324 of 2010 for investigation. THE Commissioner of Police, Egmore, Chennai was also directed to transfer the case in Crime No.324 of 2010 from the file of the Inspector of Police, Adyar Chennai to the file of the Assistant Commissioner of Police, Adyar, Chennai and the Assistant Commissioner of Police, Adyar Police Station, the contemnor herein, was also directed to conduct the investigation in an efficacious and impartial manner and complete the same within a stipulated period of three weeks and if it seems necessary to seize the vehicle.

(3.) THE learned counsel for the petitioner has also added that the respondent/contemnor had called the second wife of the petitioner Dr.Sushmitha Priya over phone and threatened her to ask her husband to withdraw the contempt petition filed against him, otherwise her husband, who is the petitioner herein would face the consequences. THE very fact has been incorporated in the better affidavit filed by the petitioner.