T. Marimuthu v. The State Of Tamil Nadu Rep.By

Crl.O.P.(MD) No.16086 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.11.2019

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN CRL.O.P (MD) No.16086 of 2018 T.Marimuthu ... Petitioner Vs 1.The State of Tamil Nadu, rep. by its Home Secretary, Secretariat, St. George Fort, Chennai.

2.The State of Tamil Nadu, rep. by its Director General of Police, DGP Office, Chennai.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, CBCID, Thoothukudi.

... Respondents PRAYER: Criminal Original Petition filed under Section 482 of Cr.P.C, praying to direct the respondents to award a sum of Rs.10,00,000/- as compensation to the petitioner as prescribed under Section 357 A Cr.P.C. in respect of crime No.3 of 2017 under Section 174 Cr.P.C on the file of the 4th respondent by considering the petitioner's representation dated 03.08.2018. For Petitioner : Mr.I.Robert Chandrakumar For Respondents : Mr.R.Anandharaj, APP

O R D E R

This petition has been filed to direct the respondents to award a sum of Rs.10,00,000/- as compensation to the petitioner as prescribed under Section 357 A Cr.P.C. in respect of crime No.3 of 2017 under Section 174 Cr.P.C on the file of the 4th respondent by considering the petitioner's representation dated 03.08.2018. 2.The learned Additional Public Prosecutor submitted that the petitioner has submitted a representation seeking compensation an the same was forwarded to the District Collector, Tuticorin and by the communication dated 25.01.2019, the request of the petitioner has been rejected for the reason that the petitioner is not an aggrieved party.

https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.O.P.(MD) No.16086 of 2018 3.In view of the same, this Court is of the view that the petitioner is not entitled for compensation under Section 357 A Cr.P.C., and hence, this petition is dismissed as devoid of merits. However, the petitioner is at liberty to challenge the order passed by the District Collector, Tuticorin dated 25.01.2019 in the manner known to law.

Sd/- Assistant Registrar (AD-II) // True Copy // Sub Assistant Registrar(CS) Arul To 1.The Home Secretary, State of Tamil Nadu, Secretariat, St. George Fort, Chennai.

2. The Director General of Police, DGP Office, Chennai.

3.The Superintendent of Police, Thoothukudi District, Thoothukudi.

4.The Inspector of Police, CBCID, Thoothukudi.

5.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.I.ROBERT CHANDRAKUMAR, Advocate ( SR-100454[F] dated 22/11/2019 ) Order made in CRL.O.P (MD) No.16086 of 2018 20.11.2019 SMA/11/12/19/2P/7C https://hcservices.ecourts.gov.in/hcservices/ 2/2