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Madras High CourtCRL RC/459/2016allowed

L.Bhuvaneshwari v. The Sub Inspector Of Police

2016-03-21Honourable Dr. Justice P. Devadass2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 21.03.2016

CORAM

THE HON'BLE Dr.JUSTICE P.DEVADASS Criminal Revision Case No.459 of 2016 L.Bhuvaneshwari .. Petitioner vs.

The State represented by Sub Inspector of Police Walajahpet Police Station Vellore District.

.. Respondent Criminal Revision filed Under Section 397 r/w Sec.401 of the Cr.P.c against the order dated 23.02.2016 made in Crl.M.P.No.234 of 2016 on the file of the learned Judicial Magistrate No.II, Walajahpet.

For petitioner : Mr.M.V.Muralidaran For respondent : Mr.V.Arul Government Advocate (Crl. Side)

ORDER

The wife exposes the cause of her husband in a property return petition.

2.

Heard both sides.

3.

The husband of the revision petitioner is alleged to have been concerned in a cheating case registered by the respondent police. In the course of investigation, his two wheeler has been seized by the police. The two wheeler has been returned to her husband as per order dated 25.06.2015 passed in Crl.M.P.No.805 of 2015. Thereafter through his wife, he filed Crl.M.P.No.234 of 2016 for the return of the original R.C. Book of the said vehicle for renewing the vehicle insurance. However, the learned Magistrate dismissed it on the ground that it is not necessary.

https://hcservices.ecourts.gov.in/hcservices/

4.

The R.C. Book stands in the name of the revision petitioner's husband. Without original R.C.Book, the vehicle owner has to face so many complications. The R.C.Book is needed for payment of road tax, renewal of insurance policy. 5.

In the circumstances, the order of the learned Judicial Magistrate No.II, Walajahpet passed in Crl.M.P.No.234 of 2016 dated 23.02.2016 is set aside. In the R.C.Book, an endorsement to the effect that this vehicle is involved in this case shall be endorsed and an intimation to that effect shall also to be sent to concerned R.T.O's office and thereafter, the original R.C.Book shall be returned to the revision petitioner obtaining an undertaking to produce the same as and when so ordered by the Magistrate.

6.

With the above direction, this Revision is allowed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar To 1.

The Judicial Magistrate No.II Walajahpet.

2.

The Public Prosecutor, High Court, Chennai.

3.

The Sub Inspector of Police Walajahpet Police Station Vellore District.

Crl.Revision Case No.459 of 2016 sai(CO) srg(30/03/2016) https://hcservices.ecourts.gov.in/hcservices/