Pandian v. The Revenue Divisional Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Thursday, the Ninth day of September Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI CRL.MP(MD).No.6883 of 2021 in CRL RC(MD). No.199 of 2020 Pandian S/o Rethinam 2/73 S.R.Manakudi Vettukulam Po, Kottakudi, R.S.Mangalam Tk Ramanathapuram District ... Petitioner/petitioner Vs 1 The Revenue Divisional Officer Ramanathapuram Ramanathapuram District 2 The Tahsildar, R.S.Mangalam Tk Ramanathapuram District 3 The Inspector of Police R.S.Mangalam Police Sttion R.S.Mangalam Ramanathapuram District Cr.No.192/2019 4 The Assistant Director Tamilnadu Mines and Minerals Ramanathapuram Ramanathapuram District ... Respondent/Complainant Prayer in CRL.MP(MD).N.6883 of 2021 This Criminal Miscellaneous Petition is filed U/S/482 of Cr.P.C.
, to modify the 5th condition of producing certified copy of the R.C.Book obtained from the financier made in Crl.R.C.(MD).No. 199 of 2021 as producing original R.C.Book of the petitioner's tractor bearing Registration No.TN-65-L-8488 before the learned Principal District Judge, Ramanathapuram.
Prayer in CRL.RC.(MD).No.199 of 2020.
Criminal Revision Petition is filed U/S. 397 and 401 of CR.P.C., to call for the records pertaining to the order passed in Crl.MP.No.4515 of 2019 dated 29/01/2020 on the filed of the learned Principal District and Sessions Court, Ramanathapuram and modified the onerous Condition.
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ORDER:- This Criminal Miscellaneous Petition on for orders on this day and upon hearing the arguments of Mr.T.Veerakumar, Advocate for the petitioner, and Mr.R.M.S.Sethuraman, Counsel for state (Crl.Side) for the respondents and upon considering this court earlier order dated 25.02.2020 in crl.R.C.(MD).No. 199 of 2020, and this Court made the following order:
This petition is filed to modify the 5th condition of producing certified copy of the R.C.Book obtained from the financier made in Crl.R.C(MD)No.199 of 2020 as producing original R.C.Book of the petitioner's Tractor bearing Registration No.TN-65-L-8488 before the learned Principal District Judge, Ramanathapuram. 2.The learned counsel appearing for the petitioner submitted that as per order of this Court in Crl.R.C(MD)No.199 of 2020, dated 25.02.2020, the petitioner had deposited a sum of Rs.25,000/- before the District Mineral Foundation Trust, Ramanathapuram on 16.03.2020. On 18.03.2020, the petitioner had produced the surety memo along with copy of the R.C.Book and No Objection letter from the finance company. In the mean time, the petitioner had paid entire loan amount to the finance company and obtained the original R.C.Book from the finance company and now he is ready to produce the original R.C.Book of the vehicle before the learned Special Court. But the learned Judge has refused to accept the same. Hence, he seeks to modify the said condition.
3.Heard the learned counsel appearing on either side and perused the materials available on record.
4.Taking into consideration, the submissions made by both the learned counsel, this petition is allowed and the 5th condition, is modified to the effect that the petitioner is directed to produce the original Registration Certificate of the vehicle before the concerned Court. In respect of other conditions, the order dated 25.02.2020, in Crl.R.C(MD)No.199 of 2020, shall remain unaltered. Sd/- Assistant Registrar (CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) 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. 2/3
TO 1.The Principal district and Sessions Court, Ramanathapuram.
2 The Revenue Divisional Officer Ramanathapuram Ramanathapuram District 3 The Tahsildar, R.S.Mangalam Tk Ramanathapuram District 4 The Inspector of Police R.S.Mangalam Police Sttion R.S.Mangalam Ramanathapuram District 5 The Assistant Director Tamilnadu Mines and Minerals Ramanathapuram Ramanathapuram District 6 The Additional Public prosecutor, Madurai Bench of Madras High Court, Madurai Copy to:
The Section Officer, Criminal Section,(2C) Madurai Bench of Madras High Court, Madurai ORDER DATED : 09/09/2021 ==========================
ORDER
========================== CRL.MP(MD).No.6883 of 2021 in CRL RC(MD). No.199 of 2020 Giving direction and etc.
as stated within.
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