Srinivasan v. The State Rep By

CRL MP. 17602 of 2024

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12-12-2024

CORAM

THE HONOURABLE MRS JUSTICE T.V.THAMILSELVI CRL MP. 17602 of 2024 IN CRL OP. 25702 OF 2024 1.SRINIVASAN S/O. MANICKAM, NO.179 A NEW BETHANIYA NAGAR, ALWARTHIRUNAGAR, AMBATTUR, THIRUVALLUR - 600 087

2. VIJAY KRISHNAN APPELLANT(S) Vs THE STATE REP BY INSPECTOR OF POLICE, LAND GRABBING PREVENTION SPECIAL UNIT, D.C.B., TIRUVALLUR DISTRICT. CRIME NO.93 OF 2021 RESPONDENT(S) CRL OP. 25702 of 2024 RAMANI W/O. DHARMARAJ, NO.10, NEELIMEDDUTH STREET, KARUR DISTRICT.

Vs STATE REP BY W/O. DHARMARAJ, NO.10, NEELIMEDDUTH STREET, KARUR DISTRICT.

CRL MP. 17602 of 2024 For Appellant(s):

C.PRABAKARAN R.PRATHIBAN For Respondent(s):

PUBLIC PROSECUTOR CRL OP. 26125 of 2024 For (s):

For :

PUBLIC PROSECUTOR

ORDER

This petition has been filed to direct the judicial magistrate No.II, Thiruvallur to refund the deposited amount a sum of Rs.8,00,000/- in Crime No. 93 of 2021.

2. The learned counsel for the petitioner submits that the respondent police had conducted a proper investigation and filed the referred charge sheet as Mistake of facts by a closure report on 09.09.2024, before the Judicial Magistrate Court No.II, Thiruvallur. The learned magistrate, accepted the closure report and disposed the case. Hence, the petitioner filed this petition seeking to withdraw the deposited amount lying in crime No. 93 of 2021.

3. The learned Government Advocate (Crl. side) submits that case was closed as mistake of facts and Magistrate also accepted the closure report and disposed the case.

4. Considering the above, the case against the petitioner is closed as mistake of facts. Hence, the Judicial Magistrate No.II, Thiruvallur is directed to refund the amount deposited in crime No. 93 of 2021 to the petitioner after getting proper affidavit. Accordingly, this petition is allowed.

12-12-2024 pbl TO INSPECTOR OF POLICE, LAND GRABBING PREVENTION SPECIAL UNIT, D.C.B., TIRUVALLUR DISTRICT.