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2025 Supreme(Mad) 2208

IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA, J.
J.Manohar Dass - Appellant 
Versus 
Komathi - Respondent 
Contempt Petition No.2864 of 2024
Decided on : 30-04-2025


Advocates:
Advocate Appeared:
For the Appellant : Mr.P.Kannan
For the Respondents:Mr.Hasan Mohammed Jinnah State Public Prosecutor assisted by Mr.S.Santhosh, Government Advocate (Crl. Side)

The court emphasized police accountability and mandated the implementation of a Standard Operating Procedure to ensure compliance with court orders and timely investigations.

Headnote:(A) Contempt of Courts Act, 1971 - Non-compliance with court orders - The contempt petition was filed for willful disobedience of the court's order directing police to complete investigation in Crime No.105 of 2020 within two months. The police failed to comply for over two years, prompting the petitioner to seek contempt proceedings. (Paras 1-2)

(B) Police Accountability - The court emphasized the need for accountability in police investigations, highlighting the frequent transfers of officers as a reason for delays. The court directed the implementation of a Standard Operating Procedure (SOP) to ensure timely compliance with court orders. (Paras 19-35)

(C) Systematic Reforms - The court mandated the completion of the Crime and Criminal Tracking Network and Systems (CCTNS 2.0) project within four months to enhance police efficiency and compliance with judicial orders. (Paras 35)

(D)

Findings of Court:
The court found that the police's inaction led to the filing of contempt petitions and emphasized the need for a robust system to prevent such occurrences in the future. (Paras 19-35) (E)

Issues: The main issues included the police's failure to comply with court orders and the need for systemic reforms to ensure accountability. (Paras 19-35) (F)

Ratio Decidendi: The court ruled that the frequent transfer of investigating officers cannot justify delays in investigations and mandated the implementation of the SOP to ensure compliance with court orders. (Paras 19-35) (G)

Result: The contempt petition was closed with directions for compliance and implementation of the SOP and CCTNS project.

ORDER :

The Contempt petition has been filed seeking to punish the respondents for willful disobedience of the order passed by this Court in Crl.O.P.No.3399 of 2022 dated 16.02.2022. The said order directed the police to complete the investigation in Crime No.105 of 2020 and file a final report within two months.

2. Brief facts of the case:-

i) A complaint came to be lodged by the petitioner on 01.02.2020 with the Commissioner of Police, Chennai, and the Deputy Commissioner of Police, Central Crime Branch, Chennai, requesting to initiate action against one Jayasingh Vasanth Ranjith, claimed to be a travel agent, and get refund of a sum of Rs.13,66,725/- from him, which was paid by the petitioner for getting VISA and tickets for 18 family members to perform a holy tour, as VISA could not be obtained and journey could not be performed.

ii) The said complaint dated 1.2.2020 was forwarded to the third respondent, Inspector of Police, K-10, Koyambedu Police Station, Chennai, which came to be registered on 28.02.2020, in Crime No.105 of 2020 against the said Jayasingh Vasanth Ranjit Singh for offence under Section 420 of IPC.

iii) Having found that except registration of an FIR, the matter had not been pursued by the police even after lapse of about 1-1/2 years, the petitioner was constrained to approach this Court by filing a petition in Crl.OP.No.3399 of 2022, seeking for a direction to the 3rd respondent, Inspector of Police K-10, Koyambedu, Police Station to conduct enquiry in Crime No.105 of 2020 dated 28.02.2020 and file a final report within a reasonable time.

iv) When the matter was taken up for hearing on 16.02.2022, this Court, recording the submission of the learned Government Advocate (Criminal Side) that the final report would be filed within a period of two months from that date, disposed the Criminal Original Petition with a direction to the respondents to complete the investigation and file the final report within a period of two months.

v) Again, having been frustrated with the non compliance of the order passed by this court even after the lapse of two years, the petitioner had sent a legal notice on 16.02.2024 to all the three respondents, which was received by the respondents on 17.02.2024. Since the respondents have not taken any steps even thereafter, the petitioner has once again knocked the doors of this court, by way of the present contempt petition.

3. Chronology of events:-

When the contempt petition was listed on 03.10.2024, learned Government Advocate (Criminal Side), while conceding that the order passed by this court dated 16.2.2022 in Crl.O.P.No.3399 of 2022, submitted that after the order was passed by this court, the Station House Officer at K-10, Koyambedu Police Station was transferred within a short span of time and subsequently, there were many transfers in that post.

4. On such submission, this Court had directed the learned Government Advocate (Criminal Side) to furnish the details of the Deputy Commissioners of Police, Assistant Commissioners of Police and Inspectors of Police, who were having jurisdiction and control over Koyambedu Police Station from 16.02.2022 till date.

5. Again, when the contempt petition was listed on 15.10.2024, as directed by this Court on 03.10.2024, the details of the police officials were furnished by the learned Government Advocate, which is extracted as under:-

LIST OF OFFICER DC's from 16.02.2022 to till date.

1Tr.R.SHIVA PRASAD IPS (DC Anna Nagar)01.02.2022 to 09.06.2022
2Tr.P.KUMAR (DC Koyambedu)13.06.2022 to 07.08.2023
3Tmt.G.UMAIYAL (DC Koyambedu)07.08.2023 to 09.08.2024
4Tmt.G.SUBBULAKSHMI(DC Koyambedu)10.08.2024 to till date

LIST OF OFFICER AC KOYAMBEDU RANGE FROM 16.02.2022 to till date

1Tr.S.RAMESH BABU05.03.2021 to 28.10.2023
Tr.M.G.ARUN28.10.2023 to 01.02.2024
3Tr.R.SARAVANAN01.02.2024 to till date

LIST OF INSPECTORS K10 PS CRIME FROM 16.02.2022 to till date

1Tr.R.GOPALAGURU08.01.2021 to 08.06.2022
2Tr.S.RAJEESH BABU12.06.2022 to 15.09.2022
3Tr.CHANDRASEKAR(L&O) (Incharge










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