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Madras High CourtCRL MP/12281/2023modified

Janakiammal v. State Rep.By

2023-08-31Honourable Mr Justice G. Chandrasekharan4 pages

in Crl.O.P.No.32682 of 2022 G. CHANDRASEKHARAN, J., This petition has been filed to modify one of the conditions, which was imposed by this Court in Crl.O.P.No.32682 of 2022 order dated 04.01.2023 and to grant interim custody of the original RC Book of the Vehicle.

2. The learned counsel for the petitioner submitted that, while passing orders in the Crl.O.P.No.32682 of 2022, this Court imposed the following condition:

"ii) The petitioner shall produce the original RC Book of the vehicle before the Trial Court or Confiscation Authority. The RC Book of the vehicle shall be retained by the trial Court/Confiscation Authority till the disposal of the trial or until further orders from this Court."

3. It is submitted by the learned counsel for the petitioner that the petitioner requires the original RC Book for renewing the registration.

4. In the said circumstance, this Court directs the learned Judicial Magistrate No.I, Gobichettipalayam, to return the original RC Book to the petitioner on filing of an affidavit of undertaking to re-submit the RC Book after the renewal is over.

5. It is further directed that incase, the petitioner needs the original RC Book for any other purpose, he can directly approach the learned Judicial Magistrate No.I, Gobichettipalayam, by filing an appropriate petition. The learned Magistrate is directed to dispose of the said petition on merits and in accordance with law. It is not necessary for the petitioner to approach this Court for seeking interim custody of the original RC Book, in future.

6. With the above directions, this Criminal Miscellaneous Petition is modified.

31.08.2023 nsa

G. CHANDRASEKHARAN, J., nsa 31.08.2023