Balaganesan v. The Inspector Of Police

CRL MP(MD). No.7489 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Monday, the Eleventh day of July Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice V. SIVAGNANAM CRL MP(MD). No.7489 of 2022 Balaganesan ... Petitioner/Accused No2 Vs 1 The Inspector of Police City Crime Branch Tirunelveli City Tirunelveli Tirunelveli District. Crime.No.

25 of 2014. ..Respondent/complainant 2 R.Karthikeyan S/o. K.V.Rajendran Businessman D.No.32-B New Colony Vannerpettai Tirunelveli.

Respondent/de-facto Complainant Prayer :- Crimimal Miscellaneous petition filed under section 482 of Cr.P.C To pass an order directing the Learned J.M.No.I,Tirunelveli to dispose the unnumbered Crl.MP.No. of 2022 within the stipulated time fixed by this Honble Court to return back the documents dt.31.10.2003 in connection with CC.No.372/2016. ORDER:- This Civil Miscellaneous petition coming on this day for orders and upon perusing the affidavit and the arguments of Mr.S.palanivelayutham advocate for the petitioner and of Mr.E.Antony Sahaya Prabahar, Additional Public Prosecutor, for the 1st respondent and this court made the following order;- This Criminal Miscellaneous petition has been filed to direct the learned Judicial Magistrate No.I, Tirunelveli to dispose of the un-numbered Crl.M.P.No.....of 2022 within the time fixed by this Court to return back the documents dated 31.10.2002 in connection with CC No.372 of 2016.

2. The learned counsel for the petitioner would submit that the petitioner and the defacto complainant in CC No.372 of 2016 entered into compromise and the case was quashed by an order dated 25.10.2021 in Crl.O.P(MD) No.10370 of 2021. As per the compromise the petitioner repaid amount as stated in the compromise and on payment of money, the complainant has to return the documents to the petitioner i.e., the sale deed dated 07.10.1995 and the power deed https://www.mhc.tn.gov.in/judis 1/2

CRL MP(MD). No.7489 of 2022 dated 02.03.1999. For returning those documents, the petitioner has filed a petition before the learned Judicial Magistrate No.I, Tirunelveli and pending without any progress, hence he has filed the above petition.

2. The learned Additional Public Prosecutor would submit that the case against the petitioner was quashed as per the order of this in Crl.O.P(MD) No.10370 of 2021 and with regard to the return of documents the present petition is now pending.

3. In view of the same, the learned Judicial Magistrate No.I, Tirunelveli is directed to disposed of the un-numbered Crl.M.P.No.....of 2022 with regard to the return of documents within a period of three weeks from the date of receipt of a copy of this order.

4. This petition is ordered accordingly.

Sd/- Assistant Registrar (CS-III) // True Copy // /07/2022 Sub Assistant Registrar(CS) To:

1.The Judicial Magistrate No.1, Tirunelveli.

2. The Inspector of police, City crimeBranch, Tirunelveli City, Tirunelveli.

3.The Additional Public Prosecutor, Madurai Bench of Madras High court, Madurai.

+1cc to Mr.S.PalaniVelayutham Advocate SR.No.3132 ORDER DATED : 11/07/2022 ==========================

ORDER

========================== Crl.MP(MD).No7489 of 2022 in Crl Op(MD).No.10370 of 2021 Giving direction as stated within etc.

RD(15/07/2022) 2P 5C https://www.mhc.tn.gov.in/judis 2/2