Saravanan v. The Sub Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Thursday, the Fourteenth day of September Two Thousand and Twenty Three PRESENT The Hon`ble Mr.Justice G.ILANGOVAN IN CRL OP(MD) No.17455 of 2016 SARAVANAN ... PETITIONER/PETITIONER Vs THE STATE REP.BY, THE SUB INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.

(CRIME NO.337/2016) ... RESPONDENT/RESPONDENT 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 Judicial Magistrate, Natham, Dindigul District to refund the sum of Rs.1,24,500/- to the petitioner which was deposited by the petitioner to the credit of the case in Crime NO.337/2016 on the file of the learned Judicial Magistrate,Natham, Dindigul District in pursuant to the order made in CRL OP(MD)No.17455 of 2016 dated 19.09.2016 passed by this Honourable Court with the time stipulated by this Hon'ble Court.

Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of M/S.JAMEEL ARASU B, Advocate for the petitioner and of MR.S.MANIKANDAN, Government Advocate (Crl.side) on behalf of the Respondent the court made the following order:- 1/3

Learned Government Advocate (Crl.side) would submit that the amount of Rs.1,24,500/- that has been involved in the subject matter, is not a received amount or recovered amount of the accused during the course of investigation. That amount was deposited by the petitioner in pursuance of the order of this Court dated 03.01.2017 made in Crl.O.P.(MD)No.17455 of 2016. Now the case is ended in acquittal.

2. Considering the submissions of the learned Government Advocate (Crl.side), the petitioner is entitled to get refund of the amount. The petitioner shall approach the concerned Court by filing appropriate petition and after the petitioner, being complied all the formalities, the amount shall be returned to the petitioner.

3. Accordingly, this Petition is allowed.

sd/- 14/09/2023 / TRUE COPY / /09/2023 Sub-Assistant Registrar (C.S. ) Madurai Bench of Madras High Court, Madurai - 625 023.

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TO 1.THE JUDICIAL MAGISTRATE, NATHAM.

2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, DINDIGUL DISTRICT.

3.THE SUB INSPECTOR OF POLICE NATHAM POLICE STATION, DINDIGUL DISTRICT.

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

+1 CC to M/s.B.JAMEEL ARASU, Advocate ( SR-13721[I] dated 15/09/2023 )

ORDER

IN IN CRL OP(MD) No.17455 of 2016 Date :14/09/2023 RK (25/09/2023) 3P /6C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3