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Madras High CourtCRL MP(MD)/11754/2023ordered

Syed Kadhar v. The Inspector Of Police

2023-08-16Honourable Mr Justice G.Ilangovan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Sixteenth day of August Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL OP(MD) No.6144 of 2009 SYED KADHAR ... PETITIONER/PETITIONER/ACCUSED Vs State Rep.by THE INSPECTOR OF POLICE ALL WOMEN POLICE STATION, DINDIGUL DISTRICT.

CRIME NO.7 OF 2009.

... 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 permit the Petitioner to withdraw the deposited amount Rs.40,000/- deposited in Crime No.7 of 2009 before the Learned Judicial Magistrate No.II, Dindigul on 24.08.2009 based on the order passed by this Honble Court in Crl.OP.(MD).No.6144 of 2009 dated 12.08.2009.

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.M.MARAN, Advocate for the petitioner and of MR.S.MANIKANDAN, Government Advocate (Crl.Side) on behalf of the Respondent, the court made the following order:- The learned counsel for the petitioner submitted that while passing the order in Crl.O.P(MD)No.6144 of 2009 dated 12.08.2009, the petitioner was directed to deposit 1/3

a sum of Rs.40,000/- to the credit of the Crime No.7 of 2009 before the trial Court. The above said order was complied and the amount was deposited on 24.08.2009. Subsequently, the case was ended in acquittal in C.C.No.377 of 2009. Hence the petitioner has filed a petition to refund of the amount and the petition came to be returned by the trial Court stating that appropriate order must be obtained from this Court, since the order has been passed by this Court.

2. In view of the developments, the amount that has been deposited, is ordered to be refunded to the petitioner, after complying the proper procedures.

3. This petition is ordered, accordingly.

sd/- 16/08/2023 / TRUE COPY / /08/2023 Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court, Madurai - 625 023.

pnn TO 1 THE JUDICIAL MAGISTRATE NO.II, DINDIGUL.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT. 3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, DINDIGUL DISTRICT.

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

2/3

+1. C.C. to MR.M.MARAN, Advocate SR.No.39006[F]

ORDER

IN IN CRL OP(MD) No.6144 of 2009 Date :16/08/2023 RS/VR/SAR-(21.08.2023) 3P 6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3