Rajendran and Another v. Mr. C.Tamilarasi

O R D E R This Contempt Petition has been filed seeking to punish the respondent under the provisions of the Contempt of Courts Act for willful disobedience of the order passed in Crl.M.P.No.16162 of 2023 in Crl.O.P.No.23059 of 2023 on 22.01.2024.

¶2The brief facts of the case are as follows:-

2.1. The petitioners/accused had filed a petition in Crl.O.P.No.23059 of 2023 seeking to quash the First Information Report in Crime No.7 of 2023, registered on the file of the CCB Police Station, Salem District.

2.2. This Court, by order dated 22.01.2024, granted interim stay of further investigation in Crime No.7 of 2023, on the file of the CCB Police Station, Salem District, pending disposal of the criminal original petition. However, the respondent police, despite the stay granted by this Court, completed the investigation and filed the final report before the Judicial Magistrate Court No.IV, Salem.

2.3. Therefore, alleging that the respondent/Investigating Officer violated the order of this Court, the present Contempt Petition has been filed.

¶3The submissions of the learned Additional Public Prosecutor are as follows:-

3.1. In fact, an interim order was passed by this Court on

22.01.2024. Thereafter, the de facto complainant approached this Court in Crl.O.P.No.4668 of 2024 seeking for a direction to the respondent police to file the final report.

3.2. On 29.02.2024, the very same Hon'ble Judge who had granted the interim stay in Crl.O.P.No.23059 of 2023 directed the respondent police to file either a final report or closure report, as the case may be, within a period of six months from the date of receipt of a copy of that order, vide order dated 29.02.2024.

3.3. The respondent police, without seeking clarification, complied with the subsequent order dated 29.02.2024 and filed the final report before the jurisdictional Magistrate.

3.4. Though the final report has been filed, it has not been taken on file pursuant to the order passed by this Court in this contempt petition on 13.06.2025.

3.5. The act of filing the final report by the respondent police was not intentional and it was done in order to obey the subsequent order of this Court.

3.6. The respondent police ought to have sought clarification, however, due to a mistake, she did not seek clarification. The filing of the final report is not willful, but was done only to comply with the subsequent order dated 29.02.2024. Therefore, the respondent may be pardoned for not seeking clarification and may be absolved of the charge of contempt.

¶4Having heard the learned counsel appearing on either and upon perusal of the materials available on record, this Court of the opinion that the order of stay dated 22.01.2024 in Crl.O.P.No.23059 of 2023 and Crl.M.P.No.16162 of 2023 and the subsequent order of direction dated

29.02.2024 in Crl.O.P.No.4668 of 2024 were passed by the very same Judge and the respondent police, without seeking clarification, filed the final report. However, this Court finds that the act of the respondent police would not amount to contempt of Court.

¶5Accordingly, this Contempt Petition stands closed.

17.02.2026 ham To

¶1The Judicial Magistrate No.IV, Salem.

¶2The Inspector of Police, CCB Police Station, Salem District.

¶3The Public Prosecutor,

High Court of Madras. A.D.JAGADISH CHANDIRA

, J.

ham

17.02.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17.02.2026 CORAM: THE HON'BLE MR. JUSTICE A.D.JAGADISH CHANDIRA 1. Rajendran 2. Karthi ... Petitioners Vs. C.Tamilarasi The Inspector of Police, CCB Police Station, Salem District. ... Respondent PRAYER: Contempt Petition is filed under Section 11 of the Contempt of Court Act, to initiate contempt court proceedings as against the respondent for her willful disobedience of the order in Crl.M.P.No.16162 of 2023 in Crl.O.P.No.23059 of 2023 dated 22.01.2024 under Section 11 of the Contempt of Court Act and punish the respondent For Petitioners : Mr.S.Esakkimuthu For Respondent : Mr.K.M.D.Muhilan Additional Public Prosecutor