1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.11.2011 CORAM: THE HONOURABLE MR.JUSTICE S.TAMILVANAN Crl.R.C (MD).No.880 of 2011 K.Kaliammal ... Petitioner vs. State represented by The Inspector of Police E.O.W.II, Karur. ... Respondent Criminal Revision Petition filed under Sections 397 and 401 Crl.P.C., set aside the order, dated 18.08.2011 passed in Cr.M.P.No.1191 of 2011 on the file of the Special Judge under TNPID Act cases, Madurai. For petitioner : Mr.R.Mathiyalagan For respondent : Mr.K.V.Rajarajan, Govt. Advocate (Crl.side) ORDER This Criminal Revision has been preferred under Sections 397 and 401 Cr.P.C., challenging the order, dated 18.08.2011 made in Cr.M.P.No.1191 of 2011 on the file of the Special Judge under TNPID Act cases, Madurai. 2. Heard the learned counsel appearing for the petitioner as well as the learned Government Advocate appearing for the respondent. 3. Learned counsel appearing for the petitioner submitted that the case was filed against the petitioner and subsequently, further action was dropped by the respondent, Inspector of Police, E.O.W.II, Karur in Crime No.4 of 2009. 4. Earlier, as directed by the Court below, Rs.25,000/- was deposited by the petitioner. Since the respondent subsequently dropped all further action in the matter, a petition was filed by the petitioner herein seeking an order to refund the deposit of Rs.25,000/- already made in Cr.M.P.No.1191 of 2011 by the petitioner, as per the order, dated 01.07.2011. 5. Learned Special Public Prosecutor appearing before the Court below had raised no objection to refund the deposit made by the petitioner and the Court below has given a finding to that effect. However, the Court below has cancelled its earlier order on the ground that supporting documents relating to further action being dropped (F.A.D) was not yet received from the respondent police till the date of passing the said order and on that ground, the memo filed by the petitioner was also rejected. 6. The Court below has passed the order, which reads as follows: "Records perused. This court ordered to Refund the Deposit amount Rs.25,000/- in Crl.M.P.No.1191/2011 dt. 1.7.2011 to the petitioner on the basis of his https://hcservices.ecourts.gov.in/hcservices/ 2 petition with xerox copy of receipt and the counsel for petitioner also represent that the case has been closed as F.A.D. Special Public Prosecutor also made an endorsement today stating that No objection to Refund the Deposit. It seems that after perusal of entire records F.A.D file of the respondent / police is not yet received by this court till today. Hence, earlier order of this court in Crl.M.P.No.1191/2011, Dt.1.7.2011 is reviewed and cancelled. This memo also rejected. Address to consent authorities." 7. Learned Government Advocate has not disputed the fact that further action was dropped (FAD) in the case in Crime No.4 of 2009 by the respondent and that was also reported before the Court below. In the aforesaid circumstances, it is not proper on the part of the Court below to reject the memo filed by the petitioner. Learned Government Advocate appearing for the respondent herein has not disputed the fact that further action was dropped by the respondent and hence, the petitioner is entitled to get refund of the deposit already made by him and accordingly, the petition has to be ordered. 8. In the result, this Criminal Revision Petition is allowed and the petitioner is permitted to withdraw the deposit amount Rs.25,000/- made by him lying in the credit of Crl.M.P.No.1191 of 2011. SD ASST REGISTRAR ( T and P ) /TRUE COPY/ SUB ASST REGISTRAR tsvn To 1. The Special Judge under TNPID Act cases Madurai. 2. The The Inspector of Police E.O.W.II, Karur. 3. The Addl. Public Prosecutor, Madurai Bench of Madras High Court, Madurai. DM::2011:DECEMBER:09:: Crl.R.C.(MD).No.880 of 2011 2p:4c:: https://hcservices.ecourts.gov.in/hcservices/