This Contempt Petition has been filed for violating the order of stay passed by this Court on 25.07.2013 staying the order of the Committee headed by the District Collector, Tirunelveli for reinvestigation of a complaint filed by the third respondent against the Petitioner under Section 3(1)(x) of the SC/ST Prevention of Atrocities Act, 1984 in Crime No.329 of 2011.
2.The third respondent filed a complaint in Cr.No.329 of 2011 under the above said section against the Petitioner. After investigation, the Deputy Superintendent of Police, Palayamkkottai closed the complaint as 'mistake of fact' in the year 2011 itself.
3.The closing of the complaint was referred to the Committee headed by the District Collector for approval. The Committee rejected the order and directed the Superintendent of Police to reinvestigate the matter. That order has been challenged before this Court in W.P(MD)No.11996 of 2013 and this Court by order, dated 25.7.2013 stayed the re-investigation order passed by the Committee.
4.The case of the Petitioner is that in respect of stay order granted by this Court on 25.7.2013, the respondents 1 and 2 have not informed the trial Court about the stay order, resultantly, the trial Court accepted the final report filed by the respondent/Police and that was taken on file and numbered as P.R.C.No.122 of 2013, dated 7.12.2013.
5.Heard Mr.S.Balaji, learned counsel representing Mr.R.Anand, learned counsel on record for the Petitioner and Mr.P.Krishnadoss, learned Government Advocate appearing for the respondents 1 and 2. No notice was served upon the third respondent. However there cannot be any contempt against the third respondent.
6.Though it is stated that even before the stay order on 25.7.2013 was passed, charge sheet was filed on 18.6.2013, at least thereafter, the respondents 1 and 2 could have informed the Trial Court about the stay order and requested the Court not to take on file the charge sheet and number the case. However, in this case, subsequent to the passing of the stay order, the charge sheet was taken on file and it was numbered as P.R.C.No.122 of 2013, on the file of Judicial Magistrate No., Tirunelveli. It is nothing but a contempt. However, due to some communication gap, the trial Court would not have been properly informed about the stay order. Taking a lenient view, the respondents 1 and 1/Police are directed to inform the trial Court by filing appropriate memo not to proceed with the matter till the disposal of the Writ Petition in W.P(MD)No.11996 of 2013 in which the order of stay was granted on 25.7.2013, is still in force.
7.With the above direction, the Contempt Petition is closed.
To
1.Mr.Karunagaran District Collector, Tirunelveli City.
2.Mr.Raja Mannar, Assistant Commissioner, Law and Order, Palayamkkottai, Tirunelveli City.