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Madras High Court

S.Jayaprakash vs Sathyaselan on 29 August, 2022

Author: N.Anand Venkatesh

Bench: N.Anand Venkatesh

                                                              1

                                     IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                      DATED : 29.08.2022

                                                           CORAM

                                  THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH

                                               Sub Application No.340 of 2022
                                                 in Cont.P.No.1327 of 2021
                                                  in W.P.No.19769 of 2019



                     S.Jayaprakash                                                     ..Petitioner


                                                                  .Vs.


                     Sathyaselan
                     Sub Inspector of Police
                     (Law and Order)
                     Kallakurichi Police Station
                     Kallakurishi District.                                        ...Respondent



                     PRAYER: Sub Application filed under Section 151 of Civil Procedure Code,
                     1908, to reopen the contempt Petition in Cont.P.No.1327 of 2021, and to
                     punish the respondent for violating the order passed by this Court in
                     W.P.No.19769 of 2019, dated 09.07.2019.


                                     For Petitioner      : Mr.N.Manoharan


                                     For Respondent : Mr.L.Baskaran
                                                      Government Advocate (Crl.side)




https://www.mhc.tn.gov.in/judis
                                                                   2


                                                            ORDER

This Sub Application has been filed to reopen the Cont.P.No.1327 of 2021, to punish the respondent for violating the order passed by this Court in W.P.No.19769 of 2019, dated 09.07.2019.

2.Mr.Sathyaselan, Sub Inspector of Police (Law and Order), Kallakurichi Police Station, was present at the time of hearing.

3.The learned Government Advocate (Crl.side) submitted a status report before this Court. The relevant portions in the status report are extracted hereunder:

6.I further submit that the accused person Tr.Arjunan/A-1 died on 28.04.2020 due to sick and T Pandiveeran died on 14.04.2022 due to Cavid 19.
7.1 further submit that on 25.08.2022, I sent summon U/s. 41(A) CPC to the accused Rajasekar/A3 for appearance on 26.08.2022 before me and on 26.08 2022, the accused (A3) was appeared before me for enquiry.
8.I further submit that so far, the respondent police has conducted the investigation in a fair, free and impartial manner in accordance with law. The respondent police had registered the case, conducted the investigation, and now it is in a pending investigation. Hence, I comply this Hon'ble High Court order dated 05.08.2022.

https://www.mhc.tn.gov.in/judis 3

4.The learned Government Advocate (Crl.side) also placed reliance upon the photographs that were taken and the original keys were also brought by the concerned Sub Inspector of Police.

5.In view of the above development, the petitioner is directed to go over to the Kallakurichi Police Station and the keys shall be handed over to the petitioner. The police shall render protection at the time when the petitioner takes possession of the property. The respondent Police shall ensure that the directions given by this Court in the writ petition is complied with and the accused persons do not indulge in threatening the petitioner or indulge in any law and order problem. The investigation shall be completed as expeditiously as possible and the final report shall be filed before the concerned Court.

5.This Sub Application is disposed of accordingly.




                                                                                            29.08.2022


                     Internet           : Yes/No
                     KP

                     To
                     Sathyaselan
                     Sub Inspector of Police
                     (Law and Order)
                     Kallakurichi Police Station
https://www.mhc.tn.gov.in/judis
                                              4

                     Kallakurishi District.

                                                     N.ANAND VENKATESH.J.,

                                                                             KP




                                                  Sub Application No.340 of 2022
                                                       in Cont.P.No.1327 of 2021
                                                         in W.P.No.19769 of 2019




                                                                     29.08.2022




https://www.mhc.tn.gov.in/judis