S SUGUMAR Vs. VIJAYARAGHAVAN

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner has filed the present contempt seeking for punishing the respondent for having disobeyed the order passed by this Court in Crl.O.P.No.3274 of 2010, dated 17.02.2010. The said O.P was filed by the petitioner seeking for a direction to the respondent to file a final report in Crime No.479 of 2009. This Court after notice to the learned Additional Public Prosecutor and after recording the statement that investigation was almost over and a final report was to be submitted at the earliest and after perusal of the records, gave a direction to the respondent to file the final report within a period of two months from 17.2.2010. It is for the disobedience of the said order, the contempt petition came to be filed.

(3.) SINCE no action was taken, the petitioner filed a Criminal O.P.No.7594 of 2009 to register his complaint. Pending that petition, a criminal case was registered against the said Inspector of Police Lakshmanan in Crime No.479 of 2009 for offences punishable under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 read with Section 323 of IPC on 22.7.2009. The petitioner's earlier O.P was closed on 28.07.2009. Though a case was registered, there was no progress in the said case. The respondent did not take any action because the complaint was laid against the member of their own police force. Therefore, the petitioner filed a Crl.O.P.No.3274 of 2010 seeking for a direction to respondent to file the final report. Though this court had directed the report to be filed within two months, the same was not filed and that the statements of concerned persons were not recorded. The petitioner also gave a legal notice on 2.7.2010. Since the same was not filed, the contempt petitioner came to be filed.