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Madras High CourtCRL MP(MD)/2843/2019ordered

Jeya Chitra v. The Inspector Of Police

2019-03-28Honourable Mr Justice M.Dhandapani2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Twenty Eighth day of March Two Thousand Nineteen PRESENT The Hon`ble Mr.Justice M.DHANDAPANI CRL MP(MD) No.2843 of 2019 IN CRL OP(MD) No.22357 of 2018 T.JEYA CHITRA ... PETITIONER/ PETITIONER Vs STATE REP.BY THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.

IN CRIME NO.11/2015 ... 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 order dated 04.01.2019 in Crl.OP.No.22357/2018 and permit the Petitioner to take DD in the name of De-facto Complainant and deposit it before the Judicial Magistrate Court No.II, Virudhunagar Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.M.JOTHIBASU, 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 to modify the order in Crl.O.P. (MD)No.22357 of 2018 on 09.07.2018.

2.The learned counsel for the petitioner submitted that the defacto complainant is arrayed as one of the accused in the case. He would also submit that the petitioner has taken DD for a sum of Rs.1,92,000/-. He would further submit that the learned Judicial Magistrate No.II, Virudhunagar refused to receive the DD stating that as per the order of this Court the petitioner is directed to deposit the amount in the name of the defacto complainant. The defacto complainant is not co-operating with the petitioner.

3. Hence the condition imposed in Crl.O.P.(MD)No.22357 of 2018 on 09.07.2018 is modified to the effect that the petitioner shall deposit the said sum to the credit in Crime number 11 of 2015 before the learned Judicial Magistrate No.II, Virudhunagar. https://hcservices.ecourts.gov.in/hcservices/

4. Time is extended for a period of two weeks to deposit the said sum from the date of receipt of a copy of this order. sd/- 28/03/2019 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO

1. THE JUDICIAL MAGISTRATE NO.II, VIRUDHUNAGAR.

2. DO-THROUGH THE CHIEF JUDICIAL MAGISTRATE, VIRUDHUNAGAR DISTRICT AT SRIVILIPUTTUR.

3. THE INSPECTOR OF POLICE DISTRICT CRIME BRANCH, VIRUDHUNAGAR DISTRICT.

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

+1. C.C. to M/S.G.M.LAW OFFICE, Advocate SR.No.5767

ORDER

IN CRL MP(MD) No.2843 of 2019 IN CRL OP(MD) No.22357 of 2018 Date :28/03/2019 MS/VR/SAR-3/01.04.2019/2P.6C https://hcservices.ecourts.gov.in/hcservices/