IN THE HIGH COURT OF KERALA AT ERNAKULAM
Con.Case(C).No. 957 of 2008(S)
1. T.E. THOMAS, S/O.T.V. ESTHAPPAN,
... Petitioner
2. A.X. VIRONY, W/O.T.E. THOMAS, AGED 51,
Vs
1. RAMAN SRIVASTHAVA, FATHER'S NAME AND
... Respondent
2. V.S. RAGHAVAN, FATHER'S NAME AND
For Petitioner :SRI.K.C.ELDHO
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice R.BASANT
Dated :04/08/2008
O R D E R
R.BASANT, J.
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Cont.of Court Case.No.957 of 2008
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Dated this the 4th day of August 2008
O R D E R
In this contempt petition, the petitioner complains that the
judgment dated 25/10/2006 in W.P.C.No.17965 of 2006 filed by
him and his wife jointly has not been complied so far by the
investigating officer .
2. Notice was given. A report has been filed by the
Dy.S.P, CBCID, Ernakulam who is investigating into the crime in
question.
3. In the report the investigating officer submits that
the investigation is now complete. Final report has already been
prepared. The same has been submitted to his superior for
approval and acceptance. Final report shall be filed before the
Executive Magistrate within a period of one month from today,
submits the learned Public Prosecutor. That submission may be
accepted and the contempt proceedings may be dropped, it is
submitted. The learned Public Prosecutor points out that in the
order passed in the writ petition, no specific time limit was
prescribed and the order was passed on 25/10/2006 for
C.O.C.No.957/2008 2
expeditious completion of investigation only. In compliance of
the said direction, CBCID has taken over the investigation on
01/01/2007. In these circumstances there is absolutely no wilful
disobedience in the order passed by this court in the writ
petition, submits the learned Public Prosecutor.
4. I accept the submissions of the learned Public
Prosecutor and I am satisfied that it is not necessary to continue
with this proceedings in contempt. I am satisfied that there can
be a direction to the investigating officer to file the final report
as undertaken by him before the Executive Magistrate within a
period of one month from this date. Copy of such report shall be
furnished to the learned counsel for the petitioner within a
period of ten days of filing such report.
5. This contempt of court case is in these circumstances
closed with the above observations.
(R.BASANT, JUDGE)
jsr
C.O.C.No.957/2008 3
C.O.C.No.957/2008 4
R.BASANT, J.
CRL.M.C.No. of 2008
ORDER
09/07/2008