S BALAMURUGAN Vs. SENTHI MARAN INSPECTOR OF POLICE

JUDGEMENT

(1.) THE following are the allegations contained in the Affidavit filed along with the Contempt Petition: The Petitioner laid a Complaint with First Respondent-Police and since there was no response, he filed a Private Complaint before the Judicial Magistrate No.IV, Trichy and in pursuance of the orders of the Judicial Magistrate No.IV, First Respondent-Police registered a case in Cr. No.997 of 2009 on 15.7.2009 under Sections 294(b), 441, 341, 426, 143, 147, 141(iv) (v) and 506(i) r/w 149, IPC. As the First Respondent did not take any steps except registering the case, the Petitioner filed Crl.O.P. No. 10013 of 2010 before this Court for direction to the Respondent to file final report and on 31.8.2010, this Court passed an order directing the First Respondent to file final report within 4 weeks from the date of receipt of the order. The order copy was communicated to the First Respondent on 8.9.2010. Even afterwards the First Respondent did not show any inclination to investigate the matter. Hence, the Petitioner sent a notice on 20.10.2010 to the First Respondent and the same was received by him on 22.10.2010. Since he has not complied with the order of this Court in letter and spirit, his conduct is deliberate and wilful disobedience warranting initiation of Contempt proceedings against him under Section 11 of the Contempt of Courts Act, 1971.

(2.) THE following are the contentions raised in the Counter Affidavit filed by the First Respondent: During relevant point of time one Smt. Nagavalli was working as Sub-Inspector of Police, Woraiyur (Crime) Police Station, who is investigation officer in this case, in addition to the Law and Order branch of the Woraiyur Police Station. She was keeping the CD file of this case for more than one year. On 1.10.2010, he personally wrote a notice to the said Smt. Nagavalli e pay personal attention in this matter. She did not serve RCS Notice to the Complainant nor sent the final report to the Judicial Magistrate No.IV Court, Trichy, keeping CD file with herself. Only on 30.10.2010, the order of the Court was communicated to this Respondent. On 4.9.2009 the said Nagavalli referred the case as 'Mistake of Fact' and she was keeping the CD file without serving RCS Notice to the Complainant. Hence, she alone has disobeyed the order of this Court. On 15.7.2010 this Respondent joined as Inspector of Police, Woraiyur Police Station. He issued Memo on 31.1.2011 to her to comply with the order of this Court. Then he collected the CD file from her and personally served the RCS Notice to the Complainant through H.C. No.2527 and submitted the Final Report to the Judicial Magistrate No.IV Court, Trichy, and obtained RCS No.5 of 2011. He has not violated the order of this Court and hence, the Petition may be dismissed.

(3.) POINT for consideration: