Kavitha Vs Mr. Anandha Kumar

Kavitha vs Mr. Anandha Kumar

Type Court Judgment Court Chennai Orders Decided Apr 29, 2025

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Citation: sooperkanoon.com/1838131
Court: Chennai Orders High Court
Judge: Honourable Mr Justice N. Anand Venkatesh
Decided On: Apr 29, 2025
Case Number: CONT P/1131/2025

Parties & Advocates

Appellant / Petitioner

Kavitha

Respondent

Mr. Anandha Kumar

Excerpt

.....to know that the stc no is belongs some other crime number in c-1 kattur police station, coimbatore city.11. i respectfully submit that, the present sub inspector ofpolice, vadavalli police station tr.silambarasan took up the case for investigation and went to the scene of occurrence and examined the witnesses and recorded their statements. during investigation, it is came to light the allegation is false which was raised against the accused. further, it reveals that due to family dispute the complainant preferred a false and exaggerated complaint against the accused. after completion of investigation, the sub inspector of police closed the case in crime no.856 of 2021 as " mistake of fact" on 02.04.2025 and the same was submitted before judicial magistrate no.vi, coimbatore vide e- filing no.ltn2023000274c202500122 dated 29.04.2025.12. i respectfully submit that, rcs notice sent to defactocomplainant through registered post on 28.04.2025 4.on carefully reading the affidavit, it is clear that there was a mistake in giving instructions and stc 5629 of 2022 does not pertain to this case. that apart, in the case in hand, a closure report has been filed as 'mistake of fact' in crime no.856 of 2021 on 02.04.2025 before the learned judicial magistrate-vi, coimbatore. rcs notice has also been sent to the de facto complainant on 28.04.2025. 5.recording the above, this contempt petition is closed. internet:yes index: yes/nospeaking order/non-speaking orderkp to coimbatore district.n. anand venkatesh, j.kp

Full Judgment

IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.04.2025
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH 1.Kavitha 2.Varun Pranel .. Petitioners vs. Coimbatore District. .. Respondent (Crime No.856 of 2021) Contempt Petition filed under Section 11 of the Contempt of Courts Act, to punish the respondent for having committed contempt of this Court by disobeying the order dated 12.01.2024 passed by this Court in Crl.OP.No.22626 of 2023. For Petitioners : Mrs.Kavitha For Respondent : Mr.Priyadarsana Government Advocate (Crl.Side)

ORDER

This Contempt Petition was filed on the ground that the order passed by this Court in Crl.OP.No.22626 of 2023 dated 12.01.2024, was not complied with. 2.Mr.S.Ananda Kumar, Inspector of Police, Valparai Police Station, Coimbatore District was present at the time of hearing. 3.When the matter was taken up for hearing today, the affidavit of the respondent was filed and the relevant portions are extracted hereunder:

9. I respectfully submit that, after perused the order passed

by this Hon'ble Court in Crl.O.P.No.22626 of 2023, dated 12.01.2024, it reveals that Tr.S.Raja, Sub Inspector of Police, formerly working in Vadavalli Police Station, now working in Traffic Investigation Wing. West, Coimbatore City was present before this Court on 12.01.2024 and due to mistakenly given instruction about the stage of the case to the Learned Government Advocate.

10. I respectfully submit that the respondent police verified the mentioned STC No.5629 of 2022, it came to know that the STC NO is belongs some other crime number in C-1 Kattur Police Station, Coimbatore City.

11. I respectfully submit that, the Present Sub Inspector of

Police, Vadavalli Police Station Tr.Silambarasan took up the case for investigation and went to the Scene of Occurrence and examined the witnesses and recorded their statements. During investigation, it is came to light the allegation is false which was raised against the accused. Further, it reveals that due to family dispute the complainant preferred a false and exaggerated complaint against the accused. After completion of investigation, the Sub Inspector of Police closed the case in Crime No.856 of 2021 as " Mistake of Fact" on 02.04.2025 and the same was submitted before Judicial Magistrate No.VI, Coimbatore vide E- filing No.LTN2023000274C202500122 dated 29.04.2025.

12. I respectfully submit that, RCS Notice sent to defacto

complainant through registered post on 28.04.2025 4.On carefully reading the affidavit, it is clear that there was a mistake in giving instructions and STC 5629 of 2022 does not pertain to this case. That apart, in the case in hand, a closure report has been filed as 'mistake of fact' in Crime No.856 of 2021 on 02.04.2025 before the learned Judicial Magistrate-VI, Coimbatore. RCS notice has also been sent to the de facto complainant on 28.04.2025. 5.Recording the above, this contempt petition is closed. Internet:Yes Index: Yes/No

Speaking Order/Non-Speaking Order

KP To Coimbatore District.

N. ANAND VENKATESH, J.

Same Court & Year Chennai Orders · 2025 Same Parties Kavitha vs Mr. Anandha Kumar Same Judge Honourable Mr Justice N. Anand Venkatesh