LAWS(MAD)-2013-12-161

K ARASU Vs. K N MURALI AND ORS

Decided On December 18, 2013
K Arasu Appellant
V/S
K N Murali And Ors Respondents

JUDGEMENT

(1.) The Contempt Petition has been filed to punish the respondents for non-compliance with the order of this Court dated 05.08.2009 made in Crl.O.P.No.12854 of 2009.

(2.) The first and second respondents are present in person. They are represented by counsel. They have also filed separate affidavits stating that the order of this Court dated 05.08.2009 made in Crl.O.P.No.12854 of 2009 came to be complied with, of course belatedly, by registering a case against one Periyakuppan and five others in Cr.No.1659 of 2013 for alleged offences under Sections 147, 384, 294(b), 406 and 506(i) IPC read with Section 4 of Protection of Civil Rights Act, 1955, and that the said case is being investigated upon by the present Inspector of Police, Neelangarai Police Station.

(3.) The above said Crl.O.P.No.12854 of 2009 came to be filed by the petitioner aggrieved by the inaction on the part of the police to take action on the complaint lodged by him on 12.06.2009. This Court, after hearing, passed an order incorporating a direction to the Assistant Commissioner of Police (Law and Order), Thuraippakkam, to cause the registration of a case if he was convinced that the complaint disclosed commission of a cognizable offence and to either investigate the same or direct the Inspector of Police, Neelangarai police station or any other police officer subordinate to the Assistant Commissioner of Police to investigate the case. A further observation was also made in the order to the effect that in case the Assistant Commissioner would form a view that the complaint disclosed only a non-cognizable offence, he should inform the complainant and refer him to the Judicial Magistrate after recording the said information in the book kept for that purpose. Such an exercise was directed to be completed within a period of 15 days from the date of receipt of the said order.