Usharani v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Date : 09/04/2021 PRESENT The Hon`ble Mr.Justice G.R.SWAMINATHAN in CRL OP(MD). No.12672 of 2015

1. Usharani,

2. B.Lalitha,

3. R.Somasundaram, ... Petitioners/Petitioners Vs

1. The Inspector of Police, Economic Offences Wing-II, Tiruchirappalli. (Cr.No. 1 of 2001).

2. N.Nallusamy, ... Respondents/Respondents For Petitioners : M/s.M.Suri, For Respondent : Mr.A.Robinson, Government Advocate (Crl.Side) PRAYER IN CRL MP(MD). No.2972 of 2021:- Criminal Miscellaneous Petition filed Under Section 482 of Cr.P.C., to pass an order or direction, directing the learned Chief Judicial Magistrate, Trichy to receive the amount of Rs.67,000/-((1) LW-2, Sankaralingam, S/o.Chellamuthu,((amount due to his is Rs.25,000/-) and LW-15,namely Balu,S/o.Raj (amount due to him is Rs.42,000/-)) in C.C.No.40 of 2012 on the file of the Chief Judicial Magistrate, Trichy.

Prayer in CRL OP(MD). 12672/ 2015 :

Criminal Original Petition is filed under section 482 of Criminal Procedure Code, to call for the records relating to the case in C.C.No. 40 of 2012 on the file of the Chief Judicial magistrate, Tiruchirappalli and quash the same. 1/3

ORDER : The Court Made the following order :- Heard the learned counsel on either side.

2. The petitioners had earlier filed Crl.O.P.(MD)No.12672 of 2015 for quashing the proceedings in C.C.No.40 of 2012 on the file of the Chief Judicial Magistrate, Tiruchirappalli.

3. The said criminal original petition was allowed on condition that the accused would clear their liability. It is now stated by the learned counsel appearing for the petitioners that while the claim of the other depositors were settled, two of the depositors, namely, L.W.2 Sankaralingam and L.W.15 Balu could not be settled because their whereabouts could not be traced. All that the petitioners want is they may be permitted to deposit the petition mentioned amounts to the credit of C.C.No.40 of 2012 on the file of the Chief Judicial Magistrate, Trichy.

4. No objection can be taken to the said request. I find that the said request is reasonable. Therefore, the petitioners are permitted to deposit the petition mentioned amounts to the credit of C.C.No.40 of 2012 on the file of the Chief Judicial Magistrate, Trichy, within a period of two weeks from the date of receipt of a copy of this order. After the petitioners deposited the petition mentioned amounts, the same will be redeposited in an interest bearing account in a nationalised bank. As and when the said depositors apply to the Court, the aforesaid amounts would be returned with accrued interest.

5. This criminal miscellaneous petition is allowed. Sd/- Assistant Registrar(AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) PMU 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. 2/3

TO

1. The Inspector of Police, Economic Offences Wing - 11 Tiruchirappalli, Crime No.1/2001.

2. The Judge,, Special Court Under TNPID Act Cases, Madurai..

3. The Chief Judicial Magistrate,, Tiruchirappalli.

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

+2 CC to Mr.M.SURI, Advocate SR.No. 15692 ORDER in CRL MP(MD) No.2972 of 2021 in CRL OP(MD). No.12672 of 2015 Date : 09/04/2021 NA(CO) TR(15.04.2021) 3P 7C 3/3