Madras High CourtCRL MP(MD)/5043/2018allowed

Mrs. Subashini v. S. Vaithiyanathan

2018-07-19Honourable Mr Justice D. Krishnakumar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Nineteenth day of July Two Thousand Eighteen PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR CRL MP(MD) No.5043 of 2018 IN CRL OP(MD) No.2983 of 2018 1 MRS. SUBASHINI 2 MINOR HEMAVATHI 3 MINOR ROHAN, (REP BY THEIR MOTHER AND GUARDIAN OF 1st PETITIONER SUBASHINI) ... PETITIONERS/RESPONDENTS Vs S. VAITHIYANATHAN ... RESPONDENT/PETITIONER Petition praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to permit the petitioners to withdraw amount of Rs. 56,000/- deposited in M.C.No. 35/2016 before the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam as per order of this Honourable Court in Crl.MP(MD)No. 1359/2018 in Crl.OP(MD)No. 2983/2018 dated 28.02.

2018 Order : This petition coming on for orders upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.S.RAJAPRABU, Advocate for the petitioner and of MR.M.MITHUN, Advocate for the Respondent the court made the following order:- According to the learned counsel for the petitioners , the respondent has deposited a sum of Rs.56,000/- (Rupees Fifty Six thousand only) to the credit of M.C. 35 of 2016 on the file of the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam, pursuant to the order, passed by this Court, dated 28.02.2018 in Crl.O.P.(MD) No. 2983 of 2018 and filed the present petition to withdraw the said amount.

2. The learned counsel for the respondent has no objection in allowing the said application.

3. In the light of the above observation, this Court direct the petitioners to withdraw the said amount, which is deposited before the learned Chief Judicial Magistrate, Thanjavur at Kumbakonam in M.C. No. 35 of 2016 after filing formal application before the Court.

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4. In the result, this petition is allowed.

5. Post the Crl.OP(MD)No.2983 of 2018 next week under the caption 'For reporting compliance'

sd/- 19/07/2018 / TRUE COPY / Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

TO THE CHIEF JUDICIAL MAGISTRATE THANJAVUR AT KUMBAKONAM +1. C.C. to M/S.S.RAJAPRABU Advocate SR.No.13613

ORDER

IN CRL MP(MD) No.5043 of 2018 IN CRL OP(MD) No.2983 of 2018 Date :19/07/2018 SMA/RR/SAR-4/26.07.2018:2P/3c https://hcservices.ecourts.gov.in/hcservices/