IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 4TH AUGUST 2008 / 13TH SRAVANA 1930 Con.Case(C).No. 957 of 2008(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.17965/2006 Dated 25/10/2006 .................... PETITIONERS/PETITIONERS: ----------------- 1. T.E. THOMAS, S/O.T.V. ESTHAPPAN, AGED 52, RESIDING AT THAYYIL HOUSE, SOUTH CHELLANAM, NOW RESIDING AT BLOCK III, B, 3, GALAXY EDIFICE, VAZHAKKALA, THRIKKAKARA.P.O, KOCHI-21, ERNAKULAM. ] 2. A.X. VIRONY, W/O.T.E. THOMAS, AGED 51, RESIDING AT THAYYIL HOUSE, SOUTH CHELLANAM, NOW RESIDING AT BLOCK III, B, 3, GALAXY EDIFICE, VAZHAKKALA, THRIKKAKARA.P.O, KOCHI-21, ERNAKULAM. BY ADV. SRI.K.C.ELDHO RESPONDENTS/RESPONDENTS: ------------- 1. RAMAN SRIVASTHAVA, FATHER'S NAME AND AGE NOT KN0WN TO THE PETITIONERS) WORKING AS DIRECTOR GENERAL OF POLICE, OFFICE OF THE DIRECTOR GENERAL OF POLICE, TRIVANDRUM. 2. V.S. RAGHAVAN, FATHER'S NAME AND AGE NOT KN0WN TO THE PETITIONERS) WORKING AS SUPERINTENDENT OF POLICE, CBCID, OFFICE OF THE CBCID, (CRIME BRANCH, ERNAKULAM) PANAMPILLY NAGAR, ERNAKULAM. BY GOVERNMENT PLEADER SRI.AMJAD ALI THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- Cont.of Court Case.No.957 of 2008 ---------------------------------------- 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