S.Arokiyam v. Kutty Flush,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 27.01.2025
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN S.Arokiyam Deputy Commissioner of Police, Central Crime Branch-III, Office of the Commissioner of Police, Vepery, Chennai.
...
Petitioner/4th respondent Vs.
1. Kutty Flush Doors and Furniture Company (P) Ltd., Represented by its Director and authorised Signatory P.K.Kader Kutty.
2. The State of Tamil Nadu, Represented by its Secretary to the Government, Home Department, Secretariat, Chennai.
3. The Central Bureau of Investigation, Represented by its Joint Director, Rajaji Bhavan, Besant Nagar, Chennai - 90.
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4. The Inspector of Police, Team - XVI, LFIW-1, Central Crime Branch - 1, Vepery, Chennai, Crime No.213 of 2023 ... Respondents Prayer: Review application filed under Order 47 Rules 1 and 2 r/w Section 114 of Civil Procedure Code, to review the judgment vide in W.P.No.31485 of 2024 dated 27.11.2024.
For Petitioner : Mr.Mohamed Riyaz for Mr.M.R.Radhakrishnan For Respondents : Mr.Abudukumar Rajaratnam Senior Counsel for Mr.K.Sarathchandran for R1 Mr.S.Sugendran Additional Public Prosecutor for R2 and R4 R3 - notice dispensed with vide order dated 20.12.2024.
O R D E R
The Review Application is filed to review the order passed in W.P.No.31485 of 2024, dated 27.11.2024.
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2. This Court heard the submissions made by the learned counsel on both sides.
3. The learned counsel for the review applicant prayed that paragraph Nos.13, 15 and 16 of the order passed in W.P.No.31485 of 2024, dated 27.11.2024, may be expunged, as further investigation in this matter is on the process and being done by the CBCID.
4. The learned counsel for the review applicant submitted that the fourth respondent (review applicant herein) has not given any direction to the learned Government Advocate to hand over the documents.
5. It is seen from the records that there are no materials to show that the fourth respondent (review applicant herein) has given any written instructions to the learned Government Advocate for return of the document(s). Therefore, the observations made against the fourth respondent (review applicant) in paragraph Nos.13, 15 and 16 of the order passed in W.P.No.31485 of 2024, dated 27.11.2024, are hereby ordered to Page No.3/5
be expunged. This Court makes it clear that the said paragraphs shall stand expunged fully.
6. In other respects, the remaining portion of the order dated 27.11.2024 passed in W.P.No.31485 of 2024, shall remain unaltered.
7. With the above observations and direction, this Review Application is allowed. There shall be no order as to costs. 27.01.2025 ms To
1. The Secretary to the Government, State of Tamil Nadu, Home Department, Secretariat, Chennai.
2. The Joint Director, The Central Bureau of Investigation, Rajaji Bhavan, Besant Nagar, Chennai - 90.
3. The Inspector of Police, Team - XVI, LFIW-1, Central Crime Branch - 1, Vepery, Chennai.
4. The Public Prosecutor, High Court, Madras.
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P.VELMURUGAN, J ms 27.01.2025 Page No.5/5