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Madras High CourtCRL MP(MD)/6329/2022ordered

Selin Rose v. The District Collector

2022-06-16Honourable Mr Justice K.Murali Shankar3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Sixteenth day of June Two Thousand and Twenty Two PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL RC(MD). NO.189 OF 2022 Selin Rose ... 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 of 2021) ... Respondent/Complainant Prayer in CRL MP(MD). No.6329 of 2022:- This Criminal Miscellaneous petition filed Under Section 482 of Criminal Procedure Code. To Modify the condition passed in Crl.R.C. (MD) No. 189 of 2022 Dated. 28.02.2022 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). NO.189 OF 2022 :- This Criminal original petition filed Under Section 482 of Criminal Procedure Code. To call for the records and set aside the impugned order dated 23.08.2021 made in CRL.MP.NO.

1778 OF 2021 on the file of the Principal Sessions Judge, Dindigul and consequently, to direct the 5th respondent to return the petitioner's vehicle, namely Tipper Lorry bearing registration number (*)T.N. 34 M 7834 and its Engine Number YBE 143472Z and its Chasis number MBIG3DYC3BEYE8900 to the petitioner forthwith and to pass such further or other orders as this Hon'ble High Court may deems fit and proper in these above facts and circumstances of the present case and thus render justice.

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 Mr.S.MANIKANDAN, Government Advocate for the respondentS, this Court made the following order: This petition has been filed seeking orders to modify the condition imposed in Crl.R.C.(MD)No.189 of 2022, dated 28.02.2022 for depositing the original registration certificate of the vehicle to the learned Principal District and Sessions Judge, Dindigul. 2.No doubt, the earlier application for modification was dismissed by this Court in Crl.M.P.(MD)No.4468 of 2022, vide order dated 07.04.2022 on the ground that the petitioner has suppressed the similar order passed with respect to Crime No.

434 of 2020 on the file of the Ambathurai Police Station, Dindigul. The petitioner has filed an additional typed set of papers enclosing the copy of the modification petition, wherein, in paragraph No.4, the petitioner has specifically stated about the filing of petition in Crl.M.P.No.1778 of 2021 and the orders passed therein on 04.08.2021. 3.The learned Government Advocate (Crl. side) appearing for the respondent has not raised any serious objection in allowing this petition.

4.Considering the above facts and circumstances, this Court is inclined to allow this petition and the petitioner is directed to produce the certified copy of the registration certificate instead of original certificate before the learned Principal District and Sessions Judge, Dindigul.

Sd/- Assistant Registrar (CS-III) (*)Amended as per order of this court dated 11.07.2022 and made in CRL MP(MD). No.6329 of 2022 in CRL RC(MD). NO.189 OF 2022 Sd/- Assistant Registrar (CS-III) // True Copy // /07/2022 Sub Assistant Registrar(CS) Sji TO (*)To be substituted to the order already despatched on 01/07/2022

1. The Principal District and sessions Judge, Dindigul 2/3

2. The Judicial Magistrate No.III, Dindigul

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 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 +1. CC to M/S.P.KRISHNAVENI Advocate SR.No.31306 ORDER DATED : 16/06/2022 ==========================

ORDER

========================== in CRL RC(MD). NO.189 OF 2022 Giving direction and etc.

as stated within.

RD(29.06.2022) 3P 11C RD(15/07/2022) 3P 11C 3/3