S.Priyadharshini v. Inspector Of Police,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.08.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN S.Priyadharshini ... Petitioner Vs Inspector of Police Peelamedu Police Station, Coimbatore ... Respondent PRAYER: Criminal Revision Case is filed under Section 438 & 442 of BNSS Act, 2023, to call for the records in Crl.M.P No.4485 of 2025 on the file of Judicial Magistrate No.II, Coimbatore and set aside the same. For Petitioner : Ms.R.Angalaparameswari For Respondent : Mr.A.Gopinath Government Advocate (Crl. Side)

O R D E R

This Criminal Revision has been preferred as against the order passed in Crl.M.P No.4485 of 2025 on the file of Judicial Magistrate No.II, Coimbatore thereby dismissing the petition to return the Original Registration Certificate of the vehicle.

2.

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

3.

The petitioner is the 3rd party, owner of the vehicle and she is not an accused in Crime No.233 of 2023. The said case was registered on the allegation that the accused involved in transportation of river sand in the tipper lorry bearing Registration No.TN 38 AT 2944. Pursuant to the registration of FIR, the said lorry has been seized by the respondent and produced before the concerned magistrate court. It is brought to the notice of this Court that the petitioner approached this Court by way of Crl.Revision to return the said vehicle and the same was ordered. Subsequently, the petitioner filed a petition before the learned Judicial Magistrate No.II, Coimbatore to return the original registration certificate of the vehicle for obtaining fitness certificate, however the same was dismissed, hence this petition.

4. Considering the above said facts and circumstances of the case and taking note of the fact that without original registration certificate, fitness certificate cannot be obtained, as such, this Court is inclined to set aside the order passed by the learned Judicial Magistrate No.II, Coimbatore in Crl.M.P.No.4485 of 2025 dated 20.05.2025 and the learned Judicial Magistrate

No.II, Coimbatore is directed to return the original registration certificate of the vehicle to the petitioner forthwith.

Accordingly, the present Criminal Revision is allowed. 12.08.2025 Index : Yes/No : Yes/No Speaking/non-speaking order ssd

G.K.ILANTHIRAIYAN, J.

ssd To 1.The Judicial Magistrate No.II, Coimbatore

2. Inspector of Police Peelamedu Police Station, Coimbatore

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

Crl.R.C.No.1369 of 2025 12.08.2025