← Library
Madras High CourtCRL RC(MD)/217/2026disposed of

Sekar v. State Of Tamiladu Rep By Sub Inspector Of Police, Mandaiyur

2026-02-05Honourable Mr Justice Mohammed Shaffiq6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.02.2026

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ CRL.R.C.(MD)No.217 of 2026 Sekar ... Petitioner vs.

The Sate of Tamil Nadu, Represented by, The Sub-Inspector of Police, Mantayur Police Station, Pudukkottai District.

Crime No.33 of 2025.

... Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, 2023, to call for the records and set aside the order dated 08.01.2026 passed in Cr.M.P.No.2 of 2026 on the file of Judicial Magistrate, Keeranur, Pudukkottai District and direct the Judicial Magistrate, Keeranur, Pudukkottai District to return the original Registration Certificate (RC Book) of the vehicle bearing Registration No.TN 37 DY 1356 to Petitioner on interim basis subject to such conditions.

For Petitioner : Mr.S.Sathya Chidambaram For Respondent : Mr.Vaikkam Karunanithi Government Advocate 1/6

O R D E R

Heard Mr.S.Sathya Chidambaram learned Counsel for Revision Petitioner and Mr.Vaikkam Karunanithi, learned Government Advocate for Respondent.

2. This Criminal Revision Petition has been filed to set aside the order dated 08.01.2026 passed by Judicial Magistrate, Keeranur, Pudukkottai District in Cr.M.P.No.2 of 2026, whereby petition for return of RC book of the subject vehicle sought for the purpose of renewal of Fitness Certificate and Insurance, was rejected on the premise that Petitioner failed to provide a satisfactory explanation and after taking into account the objections raised by Respondent police, that the RC book, if handed over to the petitioner, could be misused in future.

3. Learned Counsel for Revision Petitioner would submit that earlier the Petitioner's vehicle viz., Bharat Benz bearing Registration No.TN-37-DY-1356 was seized by Respondent for alleged illegal transportation of gravel without valid permit and a case came to be 2/6

registered in Crime No.33 of 2025 on the file of Mandaiyur Police Station, for offence under Section 303(2) of BNS r/w Section 21(1) of Mines and Minerals (Development and Regulation) Act, 1957. Thereafter, the said vehicle was produced before Judicial Magistrate, Keeranur, Pudukkottai District and numbered as R.P.No.86 of 2025 and the same was kept in the custody of Respondent Police. In the circumstances, Petitioner filed a petition in Cr.M.P.No.308 of 2025 for release of vehicle under Section 497 of BNSS before Judicial Magistrate, Keeranur and the said petition was ordered vide order dated 21.08.2025 subject to conditions inter alia including deposit of original RC book before Trial Court. In compliance of such conditions, the said vehicle was released to Petitioner.

3.1. Learned Counsel for Petitioner would further submit that the Fitness Certificate (FC) and Insurance of said vehicle have expired. Renewal of the same requires production of original RC Book. Hence, Petitioner filed a petition in Cr.M.P.No.2 of 2026 before Judicial Magistrate, Keeranur, seeking interim return of the original RC book and 3/6

the same was rejected vide order dated 08.01.2026 for the reasons stated supra. Aggrieved, Petitioner filed present Criminal Revision Case.

4. Mr.Vaikkam Karunanithi, learned Government Advocate for Respondent would submit that RC book may be handed over to Petitioner for a period of three weeks within which he would ensure that Fitness Certificate and Insurance are renewed and the same was agreed to by learned Counsel for Petitioner.

5. In view thereof, Petitioner may move an appropriate application for release of RC book before Judicial Magistrate, Keeranur, Pudukkottai. On filing of such application, Judicial Magistrate, Keeranur, Pudukkottai is directed to return the original Registration Certificate (RC Book) of the vehicle viz., Bharat Benz bearing Registration No.TN-37-DY-1356 to Petitioner for a period of three weeks. It is made clear that original RC book shall be returned to Trial Court, after completing all formalities regarding renewal of Fitness Certificate and Insurance, within three weeks from the date of release of RC Book by the Trial Court.

4/6

6. In the result, this Criminal Revision Case is disposed of on the above terms.

Index :Yes / No 05.02.2026 Internet :Yes / No NCC :Yes / No Nsr To:

1.The Judicial Magistrate, Keeranur, Pudukkottai District. 2.The Sub-Inspector of Police, Mantayur Police Station, Pudukkottai District.

Crime No.33 of 2025.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

5/6

MOHAMMED SHAFFIQ , J.

Nsr Order made in 05.02.2026 6/6