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Madras High CourtCRL MP/4787/2025dismissed

Baby v. State Rep By The Inspector Of Police

2025-03-20Honourable Mr Justice Sunder Mohan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.M.P.No.2238 of 2024 Baby

...Petitioner/Third Party/

Third Party/De-facto Complainant Vs.

1.The State Rep. by The Inspector of Police, Udumalpet Police Station, Tirupur District.

(Crime NO.432 of 2023) ...1st Respondent/Respondent/ Respondent/Complainant

2. S.Indirani,

3. S.Selvakumar,

4. S.Senthilkumar, 5.A.Rathna,

6. T.Jothimani, Page No.1 of 4

7.D.Kirushnaveni ... Respondents 2 to 7/ Petitioners/Petitioners/Accused PRAYER: This criminal miscellaneous petition has been filed under Section 482 of Cr.P.C.,/528 of the BNSS Act, to modify the orders passed in the modification petition in Crl.M.P.No.2238 of 2024 in Crl.O.P.No.27897 of 2023 dated 15.04.2023 as "to recover the above amount subject to the outcome of the protest petition in Crl.M.P.No.2908 of 2024 on the file of the Judicial Magistrate - I, Udumalpet" instead of "to recover the said amount from the defacto complainant as per the manner know to law. For Petitioner(s):

Mr.R.Kannan For Respondent(s):

Mr.S.Santhosh Government Advocate (Crl.Side) for first respondent

ORDER

The petitioner seeks modification of the order passed by this Court which in effect directs the petitioner to hand over a sum of Rs.1,20,000/- which was paid by the respondents two to seven during the investigation, pursuant to the orders of this Court.

Page No.2 of 4

2. The said order directing the petitioner to pay the amount of Rs.1,20,000/- was made after the investigation was completed and a Referred Charge Sheet was filed. Therefore, this Court sees no reason to modify the direction issued to the petitioner to hand over the said sum of Rs.1,20,000/- to the respondents two to seven within four weeks from the date of receipt of a copy of this Order.

3. Accordingly, the criminal miscellaneous petition is dismissed. 20.03.2025 dk To

1. The Inspector of Police, Udumalpet Police Station, Tirupur District.

2. The Public Prosecutor High Court of Madras, Chennai.

Page No.3 of 4

SUNDER MOHAN, J.

dk Crl.M.P.No.2238 of 2024 20.03.2025 Page No.4 of 4