Madras High CourtCRL RC(MD)/45/2020allowed

P.Thirumaran v. The Inspector Of Police

2020-07-21Honourable Mrs Justice R. Tharani2 pages

Crl. R.C.(MD)No.45 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 21.07.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl. R.C.(MD)No.45 of 2020 P.Thirumaran .. Petitioner/Petitioner/Accused No.1 Vs.

State Represented by The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

Crime No.16 of 2011 .. Respondent/Respondent/Complainant Prayer : This criminal revision case is filed under Sections 397(1) r/w. 401 of Cr.P.C., to call for the records and set aside the order dated 06.12.2019 passed in Cr.M.P.No.5206 of 2019 in C.C.No.67 of 2012 on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram District.

For Petitioner : Mr.A.Thiruvadi Kumar For Respondent : Mrs.Anantha Devi, Government Advocate (Crl. Side)

ORDER

This revision case has been filed to set aside the order passed in Cr.M.P.No.5206 of 2019 in C.C.No.67 of 2012 dated 06.12.2019, on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram District.

2.On the side of the petitioner, it is stated that the original case against the petitioner in C.C.No.67 of 2012 ended in acquittal. There is no appeal pending against the order of acquittal and prays the passport to be returned to the petitioner. 3.On the side of the prosecution, it is fairly admitted that there is no appeal pending against the order of acquittal. 4.It is seen that the passport of the petitioner was retained in the Magistrate Court. No order was passed in the judgment regarding the passport. Hence, the learned Judicial Magistrate is directed to return the passport to the petitioner on identification and on acknowledgement .

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Crl. R.C.(MD)No.45 of 2020 5.With the above direction, this Criminal Revision Case is allowed and the order passed in Cr.M.P.No.5206 of 2019 in C.C.No.67 of 2012 dated 06.12.2019, on the file of the learned Judicial Magistrate, Paramakudi, Ramanathapuram District is set aside. Sd/- Assistant Registrar (AD II) // True Copy // / /2020 Sub Assistant Registrar(CS) Mrn Note : In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Judicial Magistrate, Paramakudi.

2.The Inspector of Police, All Women Police Station, Paramakudi, Ramanathapuram District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

Crl. R.C.(MD)No.45 of 2020 21.07.2020 KK(04.08.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2 / 2