Dhivagar v. The State Rep. By Its

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.M.P.No.12302 of 2024 in Crl.R.C.No.1507 of 2023 Dhivagar ... Petitioner Vs State Rep. by The Inspector of Police, Taluk Police Station, Villupuram District.

In Cr.No.189 of 2023 ... Respondent PRAYER: Criminal Miscellaneous Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to modify the condition in para 7(ii) passed by this Court in Crl.R.C.No.1507 of 2023 dated 07.09.2023. For Petitioner : Mr.S.Saravana Kumar For Respondent : Mr.A.Gopinath Criminal Advocate (Crl. Side)

ORDER

This Criminal Miscellaneous Petition has been filed to modify the condition imposed by this Court in Crl.R.C.No.1507 of 2023 dated 07.09.2023, thereby directed the petitioner to deposit the original Registration Certificate of

the vehicle bearing registration No.TN- 30-L-0815 before the Court below.

2. The petitioner is an accused in Crime No.189 of 2023 on the file of the respondent registered for the offences punishable under Section 379 of IPC r/w. Section 21(1) of the Mines and Minerals (Development & Regulations) Act. In pursuant to the registration of FIR, the vehicle viz., Ashok Layland Tipper Lorry bearing registration No.TN-30-L-0815 was seized and so far, the investigation not yet completed in Crime No.189 of 2023. In order to get interim custody of the vehicle, the petitioner approached this Court in Crl.R.C.No.1507 of 2023 and this Court by an order dated 07.09.2023 imposed condition that "the R.C. Book shall be deposited in the Court and the Court shall issue certificate in this regard". Accordingly, the petitioner produced the original registration certificate of the vehicle before the Court below and received the vehicle. To modify the said condition, the present petition has been filed.

3. Heard the learned counsel appearing on either side and perused the materials available on record.

4. The learned counsel appearing for the petitioner submitted that for

the purpose of renew the permit and fitness certificate, the original registration certificate is very much essential.

5. Considering the above facts and circumstance, this Court is inclined to modify the condition imposed by this Court and the trial Court viz., the Judicial Magistrate No.I, Villupuram, is directed to return the original Registration Certificate of the vehicle bearing registration No.TN-30-L-0815 to the petitioner, on production of Xerox copy of the same.

6. Accordingly, this Criminal Miscellaneous Petition is ordered. 02.06.2025 Internet :Yes/No Index :Yes/No Speaking/Non speaking order rts

G.K.ILANTHIRAIYAN. J, rts To

1. The Judicial Magistrate No.I, Villupuram.

2. The Inspector of Police, Taluk Police Station, Villupuram District.

3. The Public Prosecutor, Madras High Court, Chennai.

Crl.M.P.No.12302 of 2024 in Crl.R.C.No.1507 of 2023 02.06.2025