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Madras High CourtREV.APLW/205/2024allowed

Ashtalakshmi Cultural Association-T Nagar v. The Commissioner Of Police

2024-11-12Honourable Dr Justice G. Jayachandran6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 12.11.2024 CORAM :

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Rev.Appln. (writ) No.205 of 2024 Ashtalakshmi Cultural Association - T Nagar, Rep. by its secretary No 1, Second Lane, Dr.B.N.Road, T.Nagar, Chennai - 600 017

...Petitioner

Vs

1. The Commissioner of Police Office of the Commissioner of Police- Chennai Vepery, Chennai 600 007

2. The Joint Commissioner of Police Chennai South Commissioner Office Road St. Thomas Mount Chennai 600 016.

3. The Deputy Commissioner of Police T.Nagar Police Range Madley Road, T. Nagar Chennai 600 017.

4. The Inspector of Police (Law & Order) R.4, Soundarapandiyanar Angadi Police Station T.Nagar Chennai 600 017.

5. The Assistant Commissioner of Police 1/6

494, Anna Salai Theynampet Thiru Vi Ka. Kudiyiruppu Teynampet Chennai 600 006.

6. The Inspector of Police (Law & Order), E3-Teynampet Police Station, 494, Anna Salai, Teynampet, Thiru Vi Ka. Kudiyiruppu Teynampet, Chennai 600 006

...Respondents

PRAYER: Review Application is filed under Section 114 of CPC r/w Article 226 of the Constitution of India, to review the order dated 9.11.2023 in W.P.No.34142 of 2022 and W.M.P.No.33616 of 2022. For Petitioner :

Mr.K.Venkatesan For Respondents :

Mr.S.Udayakumar Government Advocate (Crl.Side)

ORDER

This Court, on 09.11.2023, dismissed the Writ Petition based on the submissions made by the learned Government Advocate (Crl.Side) appearing for the respondents. The said submission is extracted in paragraph 4 of the order, which indicates that the case been registered against the writ petitioner's association by the 6th respondent on 2/6

25.01.2023 and stake amount of Rs.5,24,790/- seized under the Crime No.314 of 2023.

2.

The learned counsel appearing for the writ petitioner states that Crime No.314 of 2023 dated 10.12.2023 is against four unknown identified persons and not against the writ petitioner. He further states that there was no search conducted in the petitioner's club on 25.01.2023 and no amount was seized from the members of the petitioner's club. 3.

The learned Government Advocate (Crl.Side) appearing for the respondents, on verification of the record, states that the statement made by him on 09.11.2023 is incorrect. Due to improper instructions, he has informed the Court that the petitioner's club namely Ashtalakshmi Cultural Association - T Nagar was searched on 25.01.2023 and sum of Rs.5,24,790/- was seized. In fact the search was conducted at another cultural club by name Mahalakshmi Cultural Association at North Boag Road within the jurisdiction of the 6th respondent police and case been registered in Crime No.24 of 2023 dated 25.01.2023 as against 35 persons.

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4.

In view of the above fact, since the writ petition been dismissed based on the wrong information furnished by the respondents police, the said order is withdrawn and the Writ Petition is restored on file by allowing this Review Application. Accordingly, this Review Application is allowed.

5.

The Registry is directed to list the W.P.No.34142 of 2022 before the roster Judge to decide the case on merits. 12.11.2024 Internet : Yes/No Index: Yes/No rpl To

1. The Commissioner of Police Office of the Commissioner of Police- Chennai Vepery, Chennai 600 007

2. The Joint Commissioner of Police Chennai South Commissioner Office Road St. Thomas Mount Chennai 600 016.

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3. The Deputy Commissioner of Police T.Nagar Police Range Madley Road, T. Nagar Chennai 600 017.

4. The Inspector of Police (Law & Order) R.4, Soundarapandiyanar Angadi Police Station T.Nagar Chennai 600 017.

5. The Assistant Commissioner of Police 494, Anna Salai Theynampet Thiru Vi Ka. Kudiyiruppu Teynampet Chennai 600 006.

6. The Inspector of Police (Law & Order), E3-Teynampet Police Station, 494, Anna Salai, Teynampet, Thiru Vi Ka. Kudiyiruppu Teynampet, Chennai 600 006 5/6

Dr.G.JAYACHANDRAN, J.

rpl 12.11.2024 6/6