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Madras High CourtCRL OP/11385/2022disposed of

Thiruneelakandan v. State Rep By

2022-05-18Honourable Mr Justice N. Anand Venkatesh2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.5.2022

CORAM

THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH Crl.OP No.11385 of 2022 Thiruneelakandan

...Petitioner/A3

vs.

State rep. by the Inspector of Police, Mohanur Police Station, Namakkal District (Cr.No.271 of 2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure to set aside the order dated 21.4.2022 made in Crl.MP.No.714 of 2022 in Crl.MP.No.2069 of 2019 in Crime No.271 of 2019 on the file of the Principal Sessions Judge, Namakkal.

For Petitioner :

Mr.W.Camyles Gandhi For Respondent :

Mr.E.Raj Thilak, Additional Public Prosecutor

ORDER

This petition has been filed challenging the docket order passed by the Court below directing seizure of the vehicle on the ground that the petitioner did not surrender the original registration certificate within the time stipulated by it.

2. I have heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the respondent.

3. The petitioner filed Crl.M.P.No.714 of 2022 before the Court below seeking for the custody of the original registration certificate on the ground that the same is required for renewal of the fitness certificate. The said petition was allowed and the Court below granted interim custody of the original registration certificate with a conditino that the petitioner would surrender the original registration certificate on or before 20.4.2022, failing which, the vehicle would be seized. Since the original registration certificate was not surrendered within the time stipulated, the Court below directed seizure of the vehicle through a docket order dated 21.4.2022. Aggrieved by the same, the present criminal original petition has been filed before this Court.

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4. The learned counsel for the petitioner submits that there was some delay in obtaining the fitness certificate and as a result of the same, the original registration certificate was not able to be surrendered before the Court below within the time stipulated by the Court. The learned counsel further submits that the original registration certificate will be surrendered before the Court below on or before 30.5.2022.

5. Considering the facts and circumstances of the case and the specific undertaking given by the learned counsel for the petitioner, the order passed by the Court below on 21.4.2022 shall be kept in abeyance and the original registration certificate shall be surrendered by the petitioner before the Court below on or before 30.5.2022. If the original registration certificate is not surrendered within the time undertaken by the petitioner, the order passed by the Court below on 21.4.2022 will revive and steps will be taken to seize the vehicle.

6. The above criminal original petition is disposed of accordingly.

Sd/- Assistant Registrar(Vacation Officer) //True Copy// Sub Assistant Registrar To 1.The Principal Sessions Judge, Namakkal.

2.The Inspector of Police, Mohanur Police Station, Namakkal District 3.The Public Prosecutor, High Court of Madras, Madras.

+1 cc to Mr.W.Camyles Gandhi, Advocate Sr.NO. 31569 Crl.O.P.No.11385 of 2022 RLD(CO) A.SK(25/05/2022) https://hcservices.ecourts.gov.in/hcservices/