Madras High CourtCRL RC(MD)/755/2016disposed of

Mariappan v. The Inspector Of Police

2017-01-09Honourable Mr Justice B. Gokuldas2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.01.2017

CORAM:

THE HONOURABLE MR.JUSTICE B.GOKULDAS Crl.R.C.(MD).No.755 of 2016 Mariappan ..Petitioner/Petitioner Vs.

1.State through The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

Crime No.93 of 2016.

2.The Manager, Shri Ram Transport Financial Company Ltd., 294/1/7, Madurai Road, K.R.Colony, Tenkasi, Tirunelveli District.

..Respondents/Respondents Prayer:- Criminal Revision Petition is filed under Section 397 and 401 of Cr.P.C. to call for the records and set aside the impugned order passed in Cr.M.P.No.3700 of 2016, dated 09.09.2016 by the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, only with regard to the 2nd condition related to producing of the original R.C. Book of the vehicle. For Petitioner : Mr.S.Sundara Pandian For R1 : Mrs.S.Prabha for R1 Government Advocate (Crl. Side) For R2 : Mr.Ananth C.Rajesh

ORDER

This Criminal Revision Petition has been filed against the order made in Cr.M.P.No.3700 of 2016, dated 09.09.2016 by the learned Judicial Magistrate, Cheranmahadevi, Tirunelveli District, whereby, the learned Judge has directed the petitioner to produce the the original R.C. Book of the vehicle.

2.Heard the learned counsel for the petitioner; the learned Government Advocate (crl. side) for the first respondent and the learned counsel for the second respondent.

https://hcservices.ecourts.gov.in/hcservices/

3.The learned counsel for the petitioner has submitted that the original R.C. is being with the Creditor viz., Shri Ram Transport Financial Company Ltd., 294/1/7, Madurai Road, K.R.Colony, Tenkasi, Tirunelveli District, the second respondent herein and an endorsement has also been made in the R.C. Book and hence, he seeks permission of this Court to submit the Xerox copy of the R.C. Book before the trial Court.

4.The learned Government Advocate (crl. side) would fairly submit that this Court had already passed orders in similar matters to produce the Xerox copy of the R.C. Book on filing of undertaking affidavit by the petitioner.

5.Considering the submissions made on both sides, this Court directed the petitioner to file an affidavit of undertaking to the effect that the original R.C. Book is being with the Creditor viz., Shri Ram Transport Financial Company Ltd., 294/1/7, Madurai Road, K.R.Colony, Tenkasi, Tirunelveli District, the second respondent herein, before the trial Court and the trial Court is directed to consider the same and to pass orders in accordance with law, within a period of two weeks from the date of receipt of a copy of this order.

6.The Criminal Revision Petition is disposed of accordingly. Sd/- Assistant Registrar(crl.side) /True Copy/ Sub Assistant Registrar To 1.The Judicial Magistrate, Cheranmahadevi, Tirunelveli District.

2.Do Thro The Chief Judicial Magistrate, Tirunelveli.

3.The Inspector of Police, Mukkudal Police Station, Tirunelveli District.

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

+1CC to M/S.S.Sundarapandian, Advocate, SR.No. 1541 +1CC to M/S.Ananth C.Rajesh, Advocate, SR.No. 1932 Crl.R.C.(MD).No.755 of 2016 09.01.2017 rj2 um/rr-me/24.01.2017/2p/7c https://hcservices.ecourts.gov.in/hcservices/