Sankaranarayanan Vpm v. The Superintendent Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.10.2023
CORAM:
THE HONOURABLE MR.JUSTICE G.ILANGOVAN W.P.(MD)No.7396 of 2023 VPM Sankaranarayanan, Administrator of V.P.M. Educational Institutions, Krishnankovil, Srivilliputhur Taluk, Virudhunagar District.
...Petitioner
Vs.
1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The State Rep. by its, The Inspector of Police, Cyber Crime, Virudhunagar District.
3.The State Rep. by its, The Inspector of Police, Krishnan Kovil Police Station, Virudhunagar District.
...Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the Respondents to defreeze the fraudster's account maintained with City 1/5
Union Bank, Palladam Branch, Thirupur District and to revert the amount of Rs.11,00,000/-(Rupees Eleven Lakh Only) to the Petitioner's Account No.1804135000005402 maintained with Karur Vysa Bank Srivilliputhur Branch, Virudhunagar District, within a stipulated time may be fixed by this Court.
For Petitioner :Mr.M.Saravana Kumar For Respondent :Mr.M.Sakthi Kumar Government Advocate (Crl. Side)
O R D E R
This writ petition has been filed seeking issuance of writ of mandamus, directing the Respondents to defreeze the fraudster's account maintained with City Union Bank, Palladam Branch, Thirupur District and to revert the amount of Rs.11,00,000/-(Rupees Eleven Lakh Only) to the Petitioner's Account No.1804135000005402 maintained with Karur Vysa Bank Srivilliputhur Branch, Virudhunagar District, within a stipulated time may be fixed by this Court.
2.The Grievance of the petitioner is that the amount that was transferred by this petitioner to the account of the accused is still lying in the accused's account, maintained at Palladam Branch in City Union Bank in account No.500101012857918. To revert the same, to the 2/5
petitioner's account No. 1804135000005402 maintained with Karur Vysa Bank Srivilliputhur Branch, Virudhunagar District, a petition has been filed before the trial Court in Crl.M.P.No.6840 of 2022 seeking the above said relief. That was returned stating that the property was not produced before that Court. Therefore, the petitioner has come forward with this petition.
3.The learned Government Advocate (Crl. Side) would submit that no such request was made by the respondent to concerned Branch. Only at the instance of the petitioner that account was freezed. So far property has not been recovered by the respondent.
4.Let the proper petition be filed by the respondent before the concerned jurisdictional Court mentioning the case history and the amount involved with request to transfer the above said amount to the credit of the crime number before the concerned Court itself. After the above said process is over the petitioner is at liberty to approach the concerned trial Court for appropriate order.
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5.With the above said directions, this writ petition stands disposed of.
06.10.2023 NCC :Yes/No Index :Yes/No Internet : Yes/ No TM To 1.The Superintendent of Police, Virudhunagar District, Virudhunagar.
2.The Inspector of Police, Cyber Crime, Virudhunagar District.
3.The Inspector of Police, Krishnan Kovil Police Station, Virudhunagar District.
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G.ILANGOVAN, J TM Order made in W.P(MD)No.7396 of 2023 Dated 06.10.2023 5/5