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Judgment
The present petition has been filed by the defacto complainant in Cr.No.2 of 2025 on the file of the respondent police seeking to set aside the order of return passed by the learned Judicial Magistrate, No.II, Virudhunagar on 24.08.2026, wherein, the application filed by the petitioner under section 497 of BNSS has been returned.
Perusal of the records reveal that the petitioner is one of the victims in Cr.No.2 of 2025, and this Court, while granting anticipatory bail to the accused persons, had passed the order, in which, Paragraph No.6(C) is extracted as follows.
“6
(a)....
(b)....
(c)The Judicial Magistrate No.II, Virudhunagar, shall disburse the said amount to the Advocate Commissioners viz., K.Sivabalan (mobile No.96003 03403) and Mr.Sakthi Rao (Mobile No. 7010660589). Thereafter, the learned Advocate Commissioners shall disburse the said amount to the claimants. The disbursement shall be started from the small amounts. The petitioner shall deposit the documents before the Principal District Judge, Virudhunagar. Further, the Principal District Judge, Virudhunagar, along with the two Advocate Commissioners shall take steps to sell the property and collect the sale proceeds and give the same to the Advocate Commissioners. Thereafter, the Advocate Commissioners shall disburse the amount to the claimants”
Pursuant to the order of this Court, the accused had deposited Rs.20 lakhs before the concerned Court. As per the orders of this Court, the amount has to be handed over to the custody of the Advocate Commissioners and in turn, they have to disburse the same to the claimants.
In the present case, it is brought to the notice of this Court by the learned Government Advocate appearing for the respondent police that the Advocate Commissioners have already filed a report before the concerned Court seeking permission of the Court to disburse the amount proportionately among the six victims. The petitioner's name is found in Sl.No.6, wherein, it is shown that the petitioner is eligible to receive Rs.5,51,536/- as of now.
In such view of the matter, it is clear that as and when approval is granted by the learned Judicial Magistrate, No.II, Virudhunagar, the Advocate Commissioners would disburse the amount to the petitioner through online bank transfer.
In such circumstances, the order of return passed by the concerned Court cannot be found fault with. The petitioner is directed to approach the Advocate Commissioners appointed by this Court.
With the aforesaid observations, this Criminal Original Petition stands disposed of.