Madras High Court
V.Jayaprakash vs R.Rukmangathan on 18 September, 2015
Author: K.K.Sasidharan
Bench: K.K.Sasidharan
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 18.9.2015 CORAM: THE HONOURABLE MR. JUSTICE K.K.SASIDHARAN Contempt Petition No.2764/2013 V.Jayaprakash : petitioner versus R.Rukmangathan, Inspector of Police, District Crime Branch, Kanchipuram District : respondent Petition filed under Section 11 of the Contempt of Courts Act to punish the respondents for wilfully disobeying the orders of the court dated 25.6.2013 in W.P.No.15238 of 2013. For petitioner :: Mr.N.Sundaresan For respondent :: Mr.M.S.Ramesh, Additional Government Pleader O R D E R
The petitioner initiated this proceedings for contempt on allegation that the respondent violated the order passed by this Court dated 25 June 2013 in W.P.No.15238 of 2013.
2. This contempt petition was closed on the basis of the statement made by the learned Government Pleader in the light of the affidavit filed by Thiru R. Rukmangathan, Inspector of Police, District Crime Branch, Kancheepuram to the effect that after completing the investigation charge sheet has already been laid before the Trial Court on 11 January 2014.
3. Since the learned counsel for the petitioner was not present during the time of consideration of the contempt petition and taking into account the affidavit filed by the investigating officer, I have closed the contempt petition.
4. Subsequently, the learned counsel for the petitioner made a mention that no such charge sheet was filed before the concerned Magistrate. In view of the same, the matter was posted under the caption "for being mentioned".
5. The learned Government Pleader on instructions submitted that the charge sheet filed on 11 January 2014 has already been taken on file by the Magistrate and it is numbered as C.C.No.7 of 2014.
6. Since the petitioner challenged the correctness of the statement made by the learned Government Pleader, I have called for a report from the Judicial Magistrate No.2, Chengalpet, as to whether charge-sheet was filed by the Inspector of Police, District Crime Branch, Kanchipuram, on 11 January 2014 in Cr.No.8 of 2014. The learned Judicial Magistrate was further directed to submit as to whether charge sheet was taken on file in C.C.No.7 of 2014.
7. The learned Judicial Magistrate, in his report dated 29 January 2014 informed this Court that the charge sheet was received only on 21 January 2014 and subsequently it was taken on file in C.C.No.7 of 2014.
8. Since a false affidavit was sworn to before this Court by the respondent, I have reopened the contempt petition.
9. Heard the learned counsel for the petitioner and the learned Additional Government Pleader on behalf of the respondent.
10. The respondent has earlier filed an affidavit before this Court indicating that the charge sheet was filed on 11 January 2014. The report submitted by the learned Judicial Magistrate very clearly proved that the respondent has made a false statement before this Court. When this was pointed out, the respondent filed an affidavit expressing unconditional apology.
11. The additional affidavit filed by Thiru.R.Rukmangathan, presently working as Inspector of Police, Chengalpat Taluk Circle, clearly shows that charge sheet was not filed on 11 January 2014. Since the respondent tendered unconditional apology, I consider it not necessary to continue this contempt proceedings against him.
K.K.SASIDHARAN, J.
(tar)
12. The respondent must realize that his duty is to assist the Court in arriving at truth. Police officers like the respondent should disclose correct facts before the Court, whether it be the Court of Judicial Magistrate or the High Court. There should not be any act of suppression or misrepresentation while submitting either report or statement before Courts. The respondent in his attempt to close the contempt, has made an incorrect statement which landed him in trouble. The respondent should not repeat such acts in future. He is warned accordingly.
13. The contempt petition is closed with the above observation.
18.9.2015 tar Cont. P. No.2764/2013