Madras High CourtCRL MP(MD)/1623/2019ordered

Somaiah, v. The Inspector Of Police,

2019-02-26Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Twenty Sixth day of February Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.1623 of 2019 IN CRL OP(MD) No.22683 of 2018 SOMAIAH ... PETITIONER/PETITIONER Vs STATE REP.BY, THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TRICHY DISTRICT.

(CR.NO.259/2018) ... RESPONDENT/RESPONDENT Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court will be pleased to modify the portion of order as to the credit of Crime No.259/2018 on the file of the REspondent Police instead of the defactocomplainant imposed in Crl.O.P.(MD)NO.22683 of 2018 dated 08/02/2019 on the file of this Honourable High Court and thus render justice. Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.PRABHA for MR.D.RAMESHKUMAR, Advocate for the petitioner and of MR.K.SUYAMBULINGA BHARATHI, Government Advocate(Crl.

Side) on behalf of the Respondent, the court made the following order:- This petition has been filed seeking to modify the portion of order as to the credit of Crime No.259 of 2018, on the file of the respondent police instead of the de-facto complainant imposed in Crl.O.P.(MD)No.22683 of 2019, dated 08.02.2019. 2.The learned Counsel appearing for the petitioner submitted that initially this Court passed an order as if the petitioner agreed to deposit a sum Rs.2,50,000/- directly to the defacto complainant. However, the defacto complainant agreed to deposit the same to the credit of Crime No.259 of 2018 and thereafter the said amount shall be disbursed in favour of the defacto complainant and now the petitioner prays for modification of the condition. https://hcservices.ecourts.gov.in/hcservices/ 3.

Heard the learned Government Advocate (Criminal side).

4.Considering submission made by the learned counsel appearing for the petitioner, this petition is ordered and the petitioner is directed to deposit a sum Rs.2,50,000/- to the credit of Crime No.259 of 2018. If the amount deposited, the concerned Judicial Magistrate shall disburse the said amount to the defacto complainant after obtaining necessary affidavit from the defacto complainant. sd/- 26/02/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO 1 THE JUDICIAL MAGISTRATE, MANAPPARAI.

2 DO THROUGH THE CHIEF JUDICAIL MAGISTRATE TRICHY DISTRICT.

3 THE INSPECTOR OF POLICE, VAIYAMPATTI POLICE STATION, TRICHY DISTRICT.

4 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.

+1. C.C. to MR.D.RAMESHKUMAR Advocate SR.No.3830

ORDER

IN CRL MP(MD) No.1623 of 2019 IN CRL OP(MD) No.22683 of 2018 Date :26/02/2019 IAS PK/JC/SAR-2/04.03.2019 : 2P/6C https://hcservices.ecourts.gov.in/hcservices/