Selinrose v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT CRIMINAL APPELLATE JURISDICTION THURSDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON`BLE MR.JUSTICE G.K.ILANTHIRAIYAN CRL MP(MD). NO.4468 OF 2022 IN CRL RC(MD).189 OF 2022 Selinrose ... Petitioner/Owner of the Vehicle Vs 1.The District Collector Dindigul District, Dindigul.

2.The Assistant Director Department of Geology and Mining, Dindigul, Dindigul District.

3.The Revenue Divisional Officer, Dindigul, Dindigul District.

4.The Tahsildar Athoor, Dindigul District.

5.The Sub-Inspector of Police Chinnalapatti Police Station, Dindigul District.

(Crime No.77/2021.) ... Respondents/Complainant Prayer :- This Criminal Miscellaneous Petition filed to modify the condition passed in Crl.R.C(MD)No.189 of 2022 dt.28/2/2022 in so far as the petitioner should deposit the original registration certificate of the vehicle with the learned Principal District and Sessions Judge, Dindigul.

Prayer in CRL RC(MD).189 of 2022:- This Criminal Revision Case filed under Section 397 r/w 401 Cr.P.C. to call for the records and set aside the impugned order dated 23.08.2021 made in Crl.M.P.No.1778 of 2021 on the file of the Learned Principal Sessions Judge, Dindigul and consequently, to direct the 5th respondent to return the petitioner's vehicle, namely Tipper Lorry bearing registration number TN34M 7834 and its Engine Number YBE143472Z and its Chasis number MBIG3DYC3BEYE8900 to the petitioner forthwith.

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ORDER:- This Criminal Miscellaneous Petition coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s. P.Krishnaveni, Advocate for the Petitioner and of M/s.M.Aasha, Government Advocate for the respondents, this Court made the following order:

"This petition has been filed by the petitioner, seeking to modify the condition imposed in Crl.R.C (MD)No.189 of 2022, dated 28.02.2022 insofar as directing the petitioner to deposit the original Registration Certificate of the vehicle before the learned Principal District and Sessions Judge, Dindigul.

2. It is seen from the records that already the petitioner's vehicle involved in similar nature of offence namely, under the Mines and Minerals Act in Crime No.434 of 2020 on the file of the Ambathurai Police Station, Dindigul. However, it was not brought to the notice of this Court and as such, this Court, by order dated 28.02.2022 set aside the order passed by the Court below and allowed the revision and ordered to return the vehicle on a condition that the petitioner should surrender the original R.C.Book of the vehicle. The original RC Book has already been deposited to the learned Judicial Magistrate No.III, Dindigul, for the case in Crime No.434 of 2020 and the petitioner is not able to produce the same. Therefore, this Court is not inclined to modify the condition and the Criminal Miscellaneous Petition is dismissed" Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TO 1.The Principal District and Sessions Judge, Dindigul 2.The Judicial Magistrate No.III, Dindigul.

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3.The District Collector, Dindigul District, Dindigul.

4.The Assistant Director, Department of Geology and Mining, Dindigul, Dindigul District.

5.The Revenue Divisional Officer, Dindigul, Dindigul District.

6.The Tahsildar, Athoor, Dindigul District.

7. The Sub-Inspector of Police, Chinnalapatti Police Station, Dindigul District.

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

Copy to:

The Section Officer, Criminal Section, Madurai Bench of Madras High Court, Madurai ORDER DATED : 07/04/2022 ==========================

ORDER

========================== in CRL RC(MD).189 of 2022 Giving direction and etc.

as stated within.

ss(CO) GC(27.04.2022) 3P 10C 3/3