B.Dharani v. State Rep. By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 06.04.2015
CORAM
THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.8472 of 2015
1. B.Dharani
2. R.Srilakshmi .. Petitioners Vs
1. State rep.by The Superintendent of Police Thiruvallur Thiruvallur District
2. The Inspector of Police, District Crime Branch Thiruvallur Thiruvallur District
3. D.D.Medical College & D.D.Hospital Rep.by its Chairman No.61, D.D.Nagar Bus Stop Pin: 631 210 Thiruvallur Taluk and District .. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent authorities to return the original certificates of the petitioners viz. 1st Petitioner:
(1) 10th Mark Sheet (SSLC), (2) Plus Two Mark Sheet (3) Transfer Certificate issued by the School authorities (4) Community Certificate (5) Birth Certificate (6) Migration Certificate - 2nd petitioner (1) 10th Mark Sheet (SSLC), (2) Plus Two Mark Sheet
(3) Transfer Certificate issued by the School authorities (4) Community Certificate (5) Birth Certificate.
For Petitioners : Mr.S.Thanka Sivan For Respondents : Mr.V.Shanmugavelayutham Public Prosecutor Assisted by Mr.C.Emalias, Additional Public Prosecutor for R1 & R2
ORDER
Heard Mr.S.Thanka Sivan, learned counsel for the petitioners and Mr.V.Shanmugavelayutham, learned Public Prosecutor for the respondents 1 and 2.
2. The prayer in the petition is for a direction to the respondent to return the original Certificates of the petitioners that has been catalogued in paragraph 4 of the petition, which is as follows:
First Petitioner:
(1) 10th Mark Sheet (SSLC),
(2) Plus Two Mark Sheet
(3) Transfer Certificate issued by the School authorities
(4) Community Certificate
(5) Birth Certificate
(6) Migration Certificate Second Petitioner
(1) 10th Mark Sheet (SSLC),
(2) Plus Two Mark Sheet
(3) Transfer Certificate issued by the School authorities
(4) Community Certificate
(5) Birth Certificate
3. The learned Public Prosecutor submits that the respondentpolice is ready to hand over the Certificates belong to the first petitioner as they are available with them. As regards the second petitioner is concerned, item Nos.1 to 4 are available with the respondent police and they are ready to return the same to her and insofar as the 5th item is concerned, namely, Birth Certificate, it is not available with the respondent police.
4. The respondent-Police is directed to return Item Nos.1 to 6 to the first petitioner and Item Nos.1 to 4 to the second petitioner, within one week from the date of receipt of a copy of this order.
5. It is seen that these documents may be required for the respondent-Police for marking the same during the course of trial. Therefore, the respondent-Police is permitted to take photocopies of the same and attest it by the Gazetted Officer in the Police Department and return the original Certificates to the petitioners. The Certified copies so taken can be used in evidence during trial. The petitioners shall also attest the photocopy of the Certificates in the presence of the Gazetted Officer.
6. The Criminal Original Petition is disposed of with the above direction.
Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ajr To
1. The Superintendent of Police Thiruvallur, Thiruvallur District
2. The Inspector of Police, District Crime Branch Thiruvallur, Thiruvallur District
3. The D.D.Hospital D.D.Medical College & Chairman No.61, D.D.Nagar Bus Stop Pin: 631 210, Thiruvallur Taluk and District 4.The Public Prosecutor, High Court, Madras.
1 cc to Mr.S. Thangasivam, Advocate, Sr. 18965 Crl.OP No.8472 of 2015 KSJ (CO) kk 8/4