Kathiresan v. The Inspector Of Police
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Criminal Jurisdiction ) Monday, the Eighth day of April Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.K.RAMAKRISHNAN IN CRL RC(MD) No.1024 of 2023 KATHIRESAN ... PETITIONER/PETITIONER Vs THE INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.
IN CRIME NO.322/2022 ... RESPONDENT/RESPONDENT Criminal Miscellaneous Petition filed praying that in the circumstances stated therein and in the petition filed therewith the High Court may be pleased to modify the 1st condition imposed by the Learned Principal Sessions Judge, Sivagangai in Cr.MP.No.315/2023 as to deposit the xerox copy registration certificate of the vehicle to the District Munsif cum Judicial Magistrate, Thiruppuvanam instead of deposit the original registration.
Prayer in CRL RC(MD). 1024/ 2023 :
To call for the records relating to the order passed by the learned Principal Sessions Judge, Sivagangai in Cr.M.P No. 315/2023 dated 31.01.2023 set aside the condition No.1 and allow this revision petition 1/4
Order : This Criminal Miscellaneous Petition coming up for orders on this day, upon perusing the petition filed in support thereof and upon hearing the arguments of Mr.C.SUSIKUMAR, Advocate for the petitioner and of Mr.M.MUTHUMANIKKAM, Government Advocate(crl.side) on behalf of the Respondents the court made the following order:- This petition has been filed to modify the first condition imposed by the learned Principal Sessions Judge, Sivagangai, in Cr.M.P.No.315 of 2023 as to deposit the xerox copy registration certificate of the vehicle to the District Munsif Cum Judicial Magistrate, Thiruppuvanam, instead of deposit the original registration. 2.The learned counsel for the petitioner would submit that the original RC book remains with the District Munsif Cum Judicial Magistrate, Thiruppuvanam, in connection with Crime No.118 of 2019. Therefore, the petitioner is unable to produce the original RC Book. Hence, he seeks modification of the said condition. 3.The learned Government Advocate (Crl.Side) would submit that he has no objection to modify the said condition.
4.Heard both sides and perused the materials available on record. 5.Considering the submissions made by the learned counsel appearing for the petitioner that the original RC book remains with the District Munsif Cum Judicial Magistrate, Thiruppuvanam, in connection with Crime No.118 of 2019, this Court inclines to modify the first condition imposed by the Court below. 2/4
6.Accordingly, this criminal miscellaneous petition is allowed with the following directions:
6.1.Condition No.1, imposed on the petitioner is modified and the petitioner shall produce the Xerox copy of Registration Certificate of the vehicle to the District Munsif Cum Judicial Magistrate Court, Thiruppuvanam. 6.2.The remaining conditions imposed by the learned Principal Sessions Judge, Sivagangai, dated 31.01.2023, in Cr.M.P.No.315 of 2023,shall remain unaltered. sd/- 08/04/2024 / TRUE COPY / /08/2024 Sub-Assistant Registrar ( C.S. I / II / III / IV ) Madurai Bench of Madras High Court, Madurai - 625 023.
VSG TO 1 THE PRINCIPAL SESSIONS JUDGE, SIVAGANGAI.
2 THE DISTRICT MUNSIF CUM JUDICIAL MAGISTRATE, THIRUPPUVANAM.
3 DO THROUGH THE CHIEF JUDICIAL MAGISTRATE, SIVAGANGAI DISTRICT.
4 THE INSPECTOR OF POLICE THIRUPPUVANAM POLICE STATION, SIVAGANGAI DISTRICT.
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5 THE ADDITIONAL PUBLIC PROSECUTOR, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
+1 CC to M/s.C.SUSI KUMAR, Advocate ( SR-4331[I] dated 10/04/2024 )
ORDER
IN IN CRL RC(MD) No.1024 of 2023 Date :08/04/2024 SA/GS/SAR. /27.08.2024/4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023. 4/4