Madras High CourtCRL MP(MD)/6577/2024ordered

Tamilraja v. The Inspector Of Police

2024-07-02Honourable Mr Justice A.A.Nakkiran3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Tuesday, the Second day of July Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice A.A.NAKKIRAN IN CRL OP(MD) No.3245 of 2022 TAMILRAJA ... PETITIONER/PETITIONER/ACCUSED 1 Vs THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT, CRIME NO.71/2022 ... RESPONDENT/RESPONDENT/COMPLAINANT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to direct the learned District Munsif cum Judicial Magistrate Court, Radhapuram to refund to amount of Rs.1000000 which was deposited by the petitioner to the credit of the Crime No.71/2022 based on the Honble High Court direction in Crl.OP(MD). 3245/2022 in view of the order of quash in Crl.OP(MD).

15886/2023 dated 19.10.2023 in C.C.No.304/2023 on the file of the Judicial Magistrate Court, Radhapuram in Crime No.71/2022 on the file of the respondent police. Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.SUSI KUMAR.C, Advocate for the petitioner and of Mr.M.

KARUNANITHI, Government Advocate(crl.side) on behalf of the Respondent, the court made the following order:- This petition has been filed for issuing a direction to the learned District Munsif - Cum - Judicial Magistrate, Radhapuram to refund the amount of Rs.10,00,000/- which was deposited by the petitioner to the credit of Crime No.71 of 2022, based on the direction of this Court in Crl.O.P(MD).No.3245 of 2022, in view of the order of quash in Crl.O.P(MD).No.15886 of 2023, dated 19.10.2023 in C.C.No.304 of 2023 on the file of the Judicial Magistrate Court, Radhapuram in Crime No.71 of 2022 on the file of the respondent Police.

2. Heard the leaned counsel for the petitioner and the learned Government Advocate (Crl. Side) appearing for the respondent Police.

3. Since the matter has been settled between the parties out of the Court and that the charge sheet in C.C.No.304 of 2023 pending on the file of the Judicial Magistrate Court, Radhapuram quashed by this Court in Crl.O.P(MD).No.15886 of 2023, dated 19.10.2023, the learned District Munsif - Cum - Judicial Magistrate, Radhapuram is directed to refund the amount of Rs.10,00,000/- (Rupees Ten Lakhs only) which was deposited by the petitioner to the credit of Crime No.71 of 2022, based on the direction of this Court in Crl.O.P(MD).No.3245 of 2022, dated 22.02.2022.

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4. With the above direction, this petition is ordered. sd/- 02/07/2024 / TRUE COPY / /07/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.

TRP TO 1 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, RADHAPURAM.

2 THE JUDICIAL MAGISTRATE, RADHAPURAM.

3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, TIRUNELVELI DISTRICT.

4 THE INSPECTOR OF POLICE KOODANKULAM POLICE STATION, TIRUNELVELI DISTRICT.

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

+1 CC to M/s.C.SUSIKUMAR, Advocate ( SR-7344[I] dated 03/07/2024 ) ORDER IN IN CRL OP(MD) No.3245 of 2022 Date :02/07/2024 SA/VR/SAR. /10.07.2024/3P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 3/3