Madras High CourtCRL RC/853/2020allowed

Nandhagopal v. State Rep.By

2020-12-31Honourable Mr Justice M. Nirmal Kumar5 pages

Crl.R.C.No.853 of 2020 M.NIRMAL KUMAR,J.

This matter is listed today under the caption, 'for being mentioned', at the instance of the learned counsel for the petitioner.

2. This Court while passing an order on 18.11.2020 had directed the petitioner to surrender the original RC book of the vehicle, bearing Reg. No. TN 31 AD 9765, before the District and Sessions Court, Nagapattinam and thereafter, final order has been issued on 31.12.2020, confirming the interim custody of the vehicle.

3. The learned counsel for the petitioner submitted that in para.. 6 of his petition he had mentioned that he had purchased the TATA Ace Vehicle bearing Reg. No.TN 31 AD 9765 from one Renuga , W/o. Sivakumar, No.126, Thamizh Muthu Nagar, Kondar, Cuddalore and on 20.11.2019 the said Renuga has signed in the transfer of ownership form and the name transfer is yet to be made. In the meanwhile the vehicle was involved in the offence on 09.01.2020 and was seized, therefore the vehicle could not be produced before the Registration Authorities, for transfer of ownership.

This Court has not mentioned the same in both the orders dated 18.11.2020 and 21.12.2020.

4.Though the vehicle was ordered to be returned to the petitioner by an order dated 18.11.2020, the lower court for non-furnishing of the registration certificate in the name of Nandhagopal, the vehicle could not be handed over to the petitioner.

5. In view of the same, Registry is directed to incorporate the following portion, as para no.12, in the order dated 31.12.2020. "12. The petitioner is directed to produce the photostat copy of the RC book along with the original and also the T.O. Form 29 and 30 before the lower Court and the lower court, after verification of the original, shall retain the photostat copy and hand over the original to the petitioner. Thereafter the petitioner to take the vehicle and produce before the RTO get name changed. After obtaining the registration certificate in the name of the petitioner, the petitioner shall surrender the original RC book of

the vehicle bearing Reg. No. TN 31 AD 9765 before the District and Sessions Court, Nagapattinam."

6. It is needless to mention that Para No.12 of the order, dated 31.12.2020 shall be read as Para No.13.

12.03.2021 aav Note: Issue order copy on 12.03.2021

M.NIRMAL KUMAR,J.

aav Crl.R.C.No.853 of 2020 12.03.2021