Petitioner sought a mandamus to permit withdrawal of Rs.4 lakhs deposited in a criminal case before the Judicial Magistrate-II, Alandur, following death of his father, the complainant. Records were reconstructed and the court permitted him to apply to the Magistrate for withdrawal.
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W.P.No.10841 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.12.2024
CORAM :
THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
WP No. 10841 of 2024
S.Sathish Kumar S/o. Subramanian, 21 ,7th Cross Street, Anna Nagar, Nellithope (S.O), Pondicherry 605 005
Petitioner
Vs
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus to direct the 1st respondent to trace out
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W.P.No.10841 of 2024
the back buncle and consequently permit to withdraw the amount Rs.4,00,000/- deposited dated 27.03.2023 in Crime No.117 of 2022 pending on the file of the Hon'ble Judicial Magistrate-II, Alandur Court, Chennai 600 016.
For Petitioner : Mr.R.Ravindraram For Respondents : M/s. N.K. Kanthimathi for R1 : Mr.E.Raj Thilak, Additional Public Prosecutor for R2 * * * * *
ORDER
(Order of the Court was made by the Hon'ble Chief Justice)
The prayer in the petition has worked itself out since the records and proceedings have been re-constructed. This was required for withdrawing the amount of Rs.4 lakhs that was deposited on 27.03.2023 in Crime No.117 of 2022 pending on the file of Judicial Magistrate No.II, Alandur Court, Chennai-16.
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W.P.No.10841 of 2024
we are informed orally, that petitioner should either get a clearance from this Court to withdraw the money or get proper heirship certificate as the only legal heir of Late Subramanian, who is entitled to the money.
Petition is disposed of. There shall be no order as to costs.
(K.R.SHRIRAM., CJ.) (SENTHILKUMAR RAMAMOORTHY, J.)
17.12.2024
Index : Yes/No NC : Yes/No
sra
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W.P.No.10841 of 2024
THE HON'BLE CHIEF JUSTICE AND SENTHILKUMAR RAMAMOORTHY,J.
(sra)
To:
The Judicial Magistrate-II, Alandur Court, Chennai-16.
W.P.No.10841 of 2024
17.12.2024
___________ Page 4 of 4_
1 issue framed by the court
Whether the petitioner could be permitted to withdraw Rs.4,00,000/- deposited in Crime No.117 of 2022 after reconstruction of records and the complainant's death.
1 provisions across 1 enactments
S.Sathish Kumar
The Registrar (General), Madras High Court
State, Rep. by The Inspector of Police, J.9, Thoraipakkam Police Station
S.B.Lakshmi
Manjula
Anandhi
K.R.Shriram
Senthilkumar Ramamoorthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
