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Madras High CourtCRL RC(MD)/358/2020allowed

M.I. Christopher v. The District Forest Officer

2020-07-07Honourable Mrs Justice R. Tharani2 pages

Crl. R.C.(MD)No.358 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 07.07.2020

CORAM

THE HONOURABLE MRS. JUSTICE R. THARANI Crl. R.C.(MD)No.358 of 2020 and Crl.M.P(MD).No.3094 of 2020 M.I.Christopher .. Petitioner/ Owner of the vehicle Vs.

The District Forest Officer Dindigul Division Ottanchatiram Police Station Dindigul District (WLOR No.2 of 2015) .. Respondent/ Complainant Prayer : This criminal revision case is filed under Sections 397 r/w. 401 of Cr.P.C., to call for the records pertaining to the order passed in Cr.M.P.No.4115 of 2017 in RPR No.65 of 2015, dated 30.11.2017 on the file of the learned Judicial Magistrate, Otthanchatiram, Dindigul District and to modify the condition No.3 in the impugned order.

For Petitioner : Mr.T.Seeni Syed Amma For M/s.T.Lajapathi Roy For Respondent : Mr.K.Dinesh Babu, Additional Public Prosecutor

ORDER

This revision has been filed to call for the records pertaining to the order passed in Cr.M.P.No.4115 of 2017 in RPR No.65 of 2015, dated 30.11.2017 on the file of the learned Judicial Magistrate, Otthanchatiram, Dindigul District and to modify the condition No.3 in the impugned order. 2.On the side of the petitioner, it is stated that the learned Judicial Magistrate, Ottanchatiram had passed an interim order in Cr.M.P.No.4115 of 2017 with conditions, in which, Condition No.3 is that the seized vehicle shall be produced before the learned Judicial Magistrate Court, Ottanchatiram in the first working day of the month once in three months. He further submits that the petitioner is a practising Doctor, aged about 66 years and it is very difficult for him to travel from Tirunelveli to Ottanchatiram to comply the order passed by the learned Judicial Magistrate. Hence, he prays before this Court that the condition No.3 may be modified.

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Crl. R.C.(MD)No.358 of 2020 3.On the side of the learned Additional Public Prosecutor, it is stated that the petitioner is complying the order promptly. 4.In view of the above facts, this Court modifies the condition No.3 in the interim order passed by the learned Judicial Magistrate, Ottanchatiram in Cr.M.P.No.4115 of 2017 in RPR.No.65 of 2015, dated 30.11.2017. The petitioner is hereby directed to produce the vehicle as and when required by the Court.

5. Accordingly, this Criminal Revision Petition is allowed. Consequently, the connected Criminal Miscellaneous petition is closed.

Sd/- Assistant Registrar(CS) // True Copy // / /2020 Sub Assistant Registrar(CS) msa NOTE: In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The Judicial Magistrate, Ottanchatiram, Dindigual District.

2.The District Forest Officer, Dindigul Division, Otthanchatiram Police Station , Dindigul District.

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

Crl. R.C.(MD)No.358 of 2020 and Crl.M.P(MD).No.3094 of 2020 07.07.2020 SPU(15.07.2020) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2