M. Frang v. The Sub Inspector Of Police,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT RESERVED ON : 09.07.2018 DELIVERED ON : 13.07.2018 CORAM :
THE HONOURABLE MRS. JUSTICE R. THARANI Crl.R.C.(MD) No.372 of 2018 and Crl.M.P.(MD)No.5235 of 2018 M.Frang ... Petitioner vs.
1.State rep. Through The Sub-Inspector of Police, Manigandam Police Station, Trichy District.
(Crime No.255 of 2017) 2.Arumugathai D/o. Kasirajan, Village Administrative Officer, Kottapattu, Srirangam Taluk, Trichy District.
... Respondents PRAYER:- Criminal Revision Petition filed under Sections 397 r/w. 401 of the Code of Criminal Procedure, 1973, to set aside the order passed by the learned Judicial Magistrate No.IV, Trichy in Cr.M.P.No.6364 of 2018 dated 13.06.2018.
For Petitioner : Mr.K.Praveen Kumar For Respondents : Mr.K.Suyambulinga Bharathi Government Advocate (Crl.Side)
ORDER
Heard Mr.K.Praveen Kumar, learned counsel appearing for the petitioner and Mr.K.Suyambulinga Bharathi, learned Government Advocate (Crl. Side) appearing for the respondents. 2.This petition has been filed to set aside the order passed by the learned Judicial Magistrate No.IV, Trichy in Cr.M.P.No.6364 of 2018 dated 13.06.2018.
3.On the side of the petitioner, it is stated that the vehicle of the petitioner bearing Registration No.TN-04-Q-5576 was seized by the first respondents in Crime No.255 of 2017 and the vehicle was produced before the Court. The petitioner filed a petition in Cr.M.P.No.10007 of 2017 for return of the vehicle. The vehicle was returned to the petitioner on 21.11.2017 with certain conditions. The petitioner produced the original R.C. Book before the Court. As https://hcservices.ecourts.gov.in/hcservices/
per the condition imposed for return of the property for renewing the Fitness Certificate, the R.C. Book is necessary. The petitioner has filed a petition before the learned Judicial Magistrate for return of the R.C. Book as an interim direction. The learned Magistrate dismissed the petition and hence, the petitioner has filed this petition and prayed for the return of R.C. Book as an interim measure for renewing the Fitness Certificate and undertaken to produce the original R.C. Book after obtaining the Fitness Certificate.
4.On the side of the respondents, it is stated that the vehicle was returned on certain conditions and one such conditions is to hand over the original R.C. Book before the Court. The original R.C. Book may be returned to the petitioner on condition to re-produce the original R.C. Book within a period of 10 days from the date of receipt of copy of the R.C. Book.
5.Records perused. It is stated that the R.C. Book is necessary for obtaining the Fitness Certificate for the vehicle. In the above circumstances, this Court deems it fit to return the original R.C. Book to the petitioner on endorsement of acknowledge and on identification and on conditions to produce the attested xerox copy of the R.C. Book, and on further condition that the petitioner should return the original R.C. Book after a period of two weeks from the date of receipt of original R.C. Book from the lower Court.
6.With the above direction, this Criminal Revision Case is allowed. Consequently, Crl. M.P.(MD)No.5235 of 2018 is closed. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar To 1.The Judicial Magistrate No.IV, Trichy.
2.The Chief Judicial Magistrate, Trichy.
3.The Sub-Inspector of Police, Manigandam Police Station, Trichy District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
+1cc to Mr.K.Praveen Kumar, Advocate, SR.No.12961. Crl.R.C.(MD) No.372 of 2018 13.07.2018 mrn RAM/SV/SAR 2/16.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/