Madras High CourtCRL MP(MD)/12433/2024allowed

B.Amalajothi v. K.Baskaselvan

2024-11-20Honourable Mr Justice P.Vadamalai3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Wednesday, the Twentieth day of November Two Thousand and Twenty Four PRESENT The HONOURABLE MR. JUSTICE P. VADAMALAI in Crl.R.C.(MD)No.895 of 2024 B.AMALAJOTHI ... PETITIONER/RESPONDENT/ RESPONDENT/PETITIONER Vs K.BASKASELVAN ... RESPONDENT/PETITIONER/ PETITIONER/RESPONDENT Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to allow the petitioner to withdraw the deposit amount of Rs.60,000/- pending before the Honble Judicial Magistrate court, Thiruvadanai in Cr.M.P No. 1531 of 2024 dt. 16.08.2024 in M.C No. 4/2018 dt. 20.02.2020 passed by this Honble court dated 19.09.2024 in Crl R.c.(MD)No.895/2024. Prayer in CRL RC(MD). 895/ 2024 :

To call for the records in Crl M.P No 1531 of 2024 in M.C No. 4/2018 on the file of the learned Judicial Magistrate, Thiruvadanai, Ramanathapuram district dt. 16.08.2024 and set aside the same by allowing the revision petition. Order : This petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of K.RAMANATHAN, Advocate for the petitioner and of MR.D.BALAMURUGAPANDI, Advocate on behalf of the Respondent the court made the following order:- 1/3

This Criminal Miscellaneous Petition has been filed seeking an order to allow the petitioner to withdraw the amount of Rs.60,000/- (Rupees Sixty Thousand only), deposited by the respondent herein/revision petitioner, on the file of the Judicial Magistrate Court, Thiruvadanai in Crl.M.P.No.1531 of 2024 in M.C.No.4 of 2018 dated 16.08.2024.

2. In pursuant to the order of this Court, dated 19.09.2024, the respondent herein/revision petitioner has deposited a sum of Rs.60,000/- (Rupees Sixty Thousand only) on 03.10.2024 to the credit of the Judicial Magistrate Court, Thiruvadanai in Crl.M.P.No.1531 of 2024 in M.C.No.4 of 2018. A memo, along with the counter foil, has been filed to that effect. The said memo is recorded.

3. The learned counsel for the petitioner seeks permission of this Court to withdraw the said sum of Rs.60,000/- (Rupees Sixty Thousand only), for which, the learned counsel for the respondent/revision petitioner has not raised any objection.

4. Being satisfied with the reasons stated in the affidavit filed in support of this petition, and also considering the submission made by the learned counsel on either side, this Court is inclined to allow this petition. 2/3

5. Accordingly, this Criminal Miscellaneous Petition is allowed. The petitioner is permitted to withdraw the amount of Rs.60,000/- (Rupees Sixty Thousand only), deposited by the respondent herein/revision petitioner, before the Judicial Magistrate Court, Thiruvadanai.

sd/- 20/11/2024 / TRUE COPY / /12/2024 Sub-Assistant Registrar (CS-I / II /III/ IV) Madurai Bench of Madras High Court, Madurai - 625 023.

MKN TO 1.THE JUDICIAL MAGISTRATE, THIRUVADANAI, RAMANATHAPURAM DISTRICT 2 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, RAMANATHAPURAM.

ORDER

IN in Crl.R.C.(MD)No.895 of 2024 Date :20/11/2024 RK/VR(29/11/2024) 3P / 3C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 3/3