Madras High Court

CONT P(MD)/3043/2026 of Dhivakar Vs Baby on 7 October 2026

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CONT P(MD) No. 3043 of 2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED: 07-10-2026

CORAM

THE HON'BLE MR JUSTICE R.VIJAYAKUMAR

CONT P(MD) No. 3043 of 2026

CNR:{HCMD011278952026}

Dhivakar

S/o.Bagavathimuthu,

VOC Street,

Peraiyur,

Madurai District.

..Petitioner(s)

Vs

Baby

The Inspector of Police,

All Women Police Station,

Peraiyur,

Madurai District.

(Crime No.2 of 2026)

..Respondent(s)

PRAYER: Contempt Petition filed under Section 11 of the Contempt of Courts Act, 1971 to issue a notice of contempt to the contemnor/1st respondent for not obeying the interim order of this Honourable Court passed in Crl.M.P(MD)No.6146 of 2026 in Crl.O.P(MD)No.5679 of 2026 dated 23.03.2026 and last extension order dated 31.07.2026 and punish the contemnor/respondent in accordance with law and pass such further or other orders as this Honourable Court may deem fit in the interests of justice and thus render Justice.

For Petitioner(s):

R.Suriya Narayanan

For Respondent(s):

Mr.P.Samuel Gunasingh

Additional Public Prosecutor

CONT P(MD) No. 3043 of 2026

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ORDER

The present content petition has been filed alleging violation of the orders passed by this Court in Crl.M.P(MD).No.6146 of 2026 in Crl.O.P. (MD).No.5679 of 2026 dated 23.03.2026, wherein this Court has granted interim stay of the investigation in Cr.No.2 of 2026 on the file of the respondent police. The interim order is still in force.

2. The contention of the petitioner is that in violation of the said orders, the final report has been filed before the jurisdictional Court on 20.06.2026 and it has been taken on file in Spl.S.C.No.138 of 2026 by the learned Special Court for Exclusive Trial of POCSO Act Cases Madurai.

3. The Investigation Officer has filed an affidavit tendering unconditional apology. Paragraph 3 to 5 of the said unconditional apology is extracted as follows:- “3. I humbly acknowledge that the charge sheet in Crime No.2 of 2026 was mistakenly filed before the Special Court for Exclusive Trial of Cases under the POCSO Act, Madurai, while the interim stay was in force. The case was taken on file as Spl.S.C.No.138 of 2026 on 12.08.2026. I acknowledge that the charge sheet ought not to have been filed during the operation of the interim order.

CONT P(MD) No. 3043 of 2026

4. I humbly submit that I deeply regret this lapse and tender my sincere and unconditional apology to this Hon'ble Court for filing the charge sheet contrary to its interim order. I do not seek to justify the mistake or offer any excuse for it. I humbly request this Hon'ble Court to forgive the lapse.

5. 1 humbly pray that I have the highest respect for this Hon'ble Court and its orders. The filing of the charge sheet was a mistake, and there was no intention to disobey the order or undermine the authority of this Hon'ble Court. I nevertheless acknowledge the lapse and express my sincere remorse.”

4. Considering the above said facts and circumstances and recording the unconditional apology of the Investigation Officer, the content petition stands closed. The Investigation Officer is directed to be cautious in future. The learned Special Court for Exclusive Trial of POCSO Act Cases Madurai is directed not to proceed further in in Spl.S.C.No.138 of 2026 till the disposal of the Crl.O.P.(MD).No.5679 of 2026. 07-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rgm

CONT P(MD) No. 3043 of 2026 R.VIJAYAKUMAR, J. rgm To Baby The Inspector of Police, All Women Police Station, Peraiyur, Madurai District. (Crime No.2 of 2026) CONT P(MD) No. 3043 of 2026 07-10-2026

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