IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH JULY 2009 / 23RD ASHADHA 1931 Con.Case(C).No. 617 of 2009(S) ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.8289/2007 Dated 30/03/2007 .................... PETITIONER(S): --------------- B.SOMACHUDAN, AGED 50, S/O.LATE S.BHASKARAN, KIZHAKUM KARA VEEDU, BHARATHEEPURAM P.O., EROOR PANCHAYAT, KOLLAM DISTRICT. BY ADV. SRI.PRAVEEN K. JOY RESPONDENT/RESPONDENT NO.3: --------------- MR.SANJAYKUMAR, IPS, AGED NOT KNOWN, FATHER'S NAME NOT KNOWN THE DISTRICT SUPERINTENDENT OF POLICE, KOLLAM. GOVERNMENT PLEADER I.V.PRAMOD THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR ADMISSION ON 14/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ---------------------- Contempt of Court Case (Civil) No.617 of 2009 ---------------------------------------- Dated this the 14th day of July 2009 O R D E R The petitioner has come to this court with the grievance that the judgment dated 30/3/2007 in W.P.C.No.8289/2007 has not been complied by the respondent herein. He hence prays that action may be taken under the Contempt of Court Act. 2. Notice has been given to the learned Government Pleader. The respondent has filed a statement now. The learned Government Pleader has been heard. 3. The relevant direction appears in paragraph 4 of the judgment dated 30/3/2007 which reads as follows: “I am satisfied, in these circumstances, that it is not necessary to direct that the investigation be taken over by any other individual/agency. The interests of justice will be served eminently by directing the third respondent, District Superintendent of Police, Kollam to monitor the investigation and ensure that the Investigating Officer takes appropriate action in accordance with law for the efficient and proper conduct of the investigation.” 4. In short, the District Superintendent of Police, Kollam was directed to monitor the investigation and ensure that the investigating officer takes appropriate action in accordance with C.O.C.No.617/09 2 law for the efficient and proper conduct of the investigation. It is brought to my notice that after the said order dated 30/3/2007 was passed, the District Superintendent of Police had called for the file, perused the same and issued directions regarding the proper conduct of the investigation. The investigation was completed and charge sheet was filed on 30/9/2007, it is submitted. It is, in these circumstances, pointed out that there has been no violation of the directions issued by the court. As early as on 30/09/2007, after completing the investigation after due monitoring and supervision, final report had been filed by the investigating officer. 5. The learned Government Pleader, in these circumstances, submits that there is no violation of the directions in paragraph 4 extracted above. The learned Government Pleader further submits that in the light of Section 20 of the Contempt of Courts Act, this petition filed on 11/6/2009 which is, in respect of alleged inadequacy of an action which has been completed by the filing of the final report on 30/9/2007, is not justified at all. The action for contempt has not been initiated within a period of one year of the date on which the final report was filed. The learned Government Pleader further C.O.C.No.617/09 3 points out that the respondent herein, the incumbent, who is now t he District Superintendent of Police, Kollam, cannot also be proceeded against as he has taken charge only on 11/6/2009 and any inadequacy in the monitoring of the District Superintendent of Police in respect of a charge sheet filed on 30/9/2007 cannot be attributed to the respondent herein, the present incumbent in office of the District Superintendent of Police. 6. It is unnecessary to go into those questions in detail. The learned counsel for the petitioner also accepts that the final report having already been filed on 30/9/2007, the petitioner does not want to press this action for contempt of court. 7. This petition is accordingly dismissed. (R.BASANT, JUDGE) jsr R.BASANT, J Crl.R.P.No.504 of 2001 ORDER 17th DAY OF JUNE 2001