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.884 of 2011 K.Natarayan :Petitioner -Vs- State represented by The Inspector of Police E.O.W.II, Karur. :Respondent Criminal Revision Petition filed under Sections 397 and 401 Cr.P.C., to call for the records and set aside the order, dated 18.08.2011 passed in Cr.M.P.No.1190 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.1190 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.2 of 2009. 4.Earlier, as directed by the Court below, Rs.1,00,000/- 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.1,00,000/- already made in Cr.M.P.No.1190 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. https://hcservices.ecourts.gov.in/hcservices/ 2 6.The Court below has passed the order, which reads as follows: "Records perused. This court ordered to Refund the Deposit amount Rs.1,00,000/-to the petitioner in Crl.M.P.No.1190/2011 dt. 1.7.2011 on the basis of his petition with xerox copy of receipt and his counsel also represent that the petitioner has been dropped from the charges and final report also filed within case. But, Special Public Prosecutor strongly oppose and stating that Amount involved in this case is Rs.1,37,58,000/- and the case also pending as C.C.1/2010, Considering the opposition raised by Special Public Prosecutor and pending of case this court. Revised its order in Crl.M.P.1190/2011, Dt.1.7.2011 and cancelled the same. This memo also rejected. Address the consent authorities." 7.Learned Government Advocate has not disputed the fact that further action was dropped (FAD) in the case in Crime No.2 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.1,00,000/- made by him lying in the credit of Crl.M.P.No.1190 of 2011. Sd/- Assistant Registrar (AS) / TRUE COPY / Sub Assistant Registrar To: 1.The Special Judge under TNPID Act cases, Madurai. 2.The Inspector of Police, E.O.W.II, Karur. 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai. RP/10.12.2011/2P/4C. Crl.R.C.(MD).No.884 of 2011. https://hcservices.ecourts.gov.in/hcservices/