For the sake of convenience, the parties will be referred to by their name.
2. On the complaint lodged by Mary Antony, the Sub-Inspector of Police, Thisayanvilai Police Station registered a case in Crime No.246 of 2015 on 11.09.2015 under
Sections 420,294(b),506(i) of the Indian Penal Code and Section 4 of the Tamil Nadu Prohibition of Harassment of Women Act against Anthony Maria Selvakani (A-1) and her son Valan Baskar (A-2). Mary Antony filed Crl.O.P.(MD)No.3787 of 2016 for a direction to the respondent police to transfer the investigation in Crime No.246 of 2015 to some other police. In Crl.O.P.(MD)No.3787 of 2016, this Court passed the following order on 03.03.2016:
"3. Taking into consideration the nature of allegations in the FIR in Crime No.246 of 2015, this is not a fit case to transfer the case from the file of the 2nd respondent to the file of the 3rd respondent. It will be in the interest of justice, if the case in Crime No.246 of 2015 is directed to be monitored by the Deputy Superintendent of Police, Valliyoor Sub-Division.
4. Accordingly, the Deputy Superintendent of Police, Valliyoor Sub- Division, is directed to monitor the investigation of the case and the respondent police shall expeditiously file a final report.
With the above direction, this petition is disposed of." Thereafter, the police filed a closure report in Crime No.246 of 2015 before the learned Judicial Magistrate, Nanguneri, on 08.08.2016, which report has been signed by the Inspector of Police, Thisayanvilai Police Station on 12.09.2015. Therefore, Mary Antony has filed the present Contempt Petition alleging that though this Court had passed a specific order dated 03.03.2016 in Crl.O.P.(MD)No.3787 of 2016, directing the Deputy Superintendent of Police, to monitor the investigation in Crime No.246 of 2015, the Deputy Superintendent of Police has merely filed a closure report prepared by the Inspector of Police on 12.09.2015 before the learned Judicial Magistrate, Nanguneri on 08.08.2016 without monitoring the investigation.
3. On notice, Mr.P.Balaji, Deputy Superintendent of Police, Keelakarai Sub-division, Ramanathapuram, appeared. He has filed a counter-affidavit dated 14.06.2017, in which, he has explained that the dispute between Mary Antony and Anthony Maria Selvakani has been going on for over period of time and that he himself had conducted petition enquiries on the allegation made by Mary Antony and had found that her allegations were not true. He has also filed an affidavit dated 14.06.2017, in which, in paragraph No.6, he has stated as follows:
"6. I most humbly submit that I was aware of the issues involved in the complaint preferred by the respondent/petitioner herein. Prior to registration of First Information Report, a petition enquiry was conducted wherein the things sent by the brother of the petitioner herein was returned and that as on the orders of the Superintendent of Police, Tirunelveli in C.No.A5/18324/1687/2015, I conducted a current paper enquiry in C.No.281/NR/SDOV/2015 by summoning the petitioner and counter petitioners on 16.10.2015 and 01.12.2015. Since the enquiry disclosed domestic issue of money and material transaction between the members of a same family. Further the enquiry conducted by me revealed some sordid and repulsive details. The contempt petitioner herself has stated before me that she will get redressal by approaching the Civil Court. Hence I closed the current paper and submitted my report to the Deputy Inspector General of Police, Tirunelveli. Hence I was aware of the nature of the complaint and having been satisfied about the course of investigation pursued by the Inspector of Police, Tisayanvilai, I advised him to pursue action to file the referred charge sheet before the Learned Judicial Magistrate Court and ensure service of the RC Notice to enable the contempt petitioner to pursue action in accordance with law. Hence I humbly submit that I have not willfully or wantonly disobeyed the orders passed by this Hon'ble Court. I further submit that I have not filed a false counter affidavit. In paragraph 6 of my counter affidavit, I had stated that I had issued necessary direction to the 2nd respondent Investigation Officer vide Pro. in Na.Ka.No.67/DSP/Valliyoor/2016, dated 14.04.2016. Due to over-sight I have specified the direction issued by me. I submit that in the said reference, I have clearly stated that on the order passed by this Hon'ble Court directing me to monitor the investigation, I called for the CD file and found that negative final report dated 12.09.2015 as 'mistake of fact' has been prepared and the same is available in the CD file."
4. The allegation of Mary Antony in the First Information Report is that her brother Sesu had sent around Rs.16,00,000/- to Anthony Maria Selvakani for the marriage expenses of Mary Antony and Anthony Maria Selvakani has misappropriated the amount. It may be necessary to state here that Anthony Maria Selvakani is none other than the sister-in-law of Mary Antony, inasmuch as she is the wife of Susai Alangaram, who is the elder brother of Mary Antony and Susai Alangaram had died. Thus, the dispute is essentially between the members of a joint family. Though this Court is satisfied with the explanation offered by Mr.P.Balaji, Deputy Superintendent of Police, in his counter-affidavit dated 14.06.2017, yet, it is seen that the police have not recorded the statement of Sesu, who is said to have sent Rs.16,00,000/- to Anthony Maria Selvakani. Therefore, this Court directs Mr.Kumar, the present Deputy Superintendent of Police, Valliyoor, Tirunelveli District, to conduct further investigation in Crime No.246 of 2015 by examining Sesu, if he is available and file necessary report before the learned District Munsif -cum- Judicial Magistrate, Nanguneri, within four weeks from the date of receipt of a copy of this order. Thereafter, the petitioner is entitled to work out her remedies in the manner known to law. P.N.PRAKASH, J SML
5. With the above direction, the Contempt Petition is closed.
To
1.Mr.Vikaraman, The Superintendent of Police, Tirunelveli District, Tirunelveli.
2.Mr.David Ravi Rajan, The Inspector of Police, Thisayanvilai Police Station, Thisayanvilai, Tirunelveli District.
3.Mr.Balaji, The Deputy Superintendent of Police, Valliyoor Sub-Division, Valliyoor, Tirunelveli District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai..