Madras High CourtCRL RC(MD)/578/2022dismissed

Murali v. The Inspector Of Police

2022-06-27Honourable Mr Justice K.Murali Shankar2 pages

Crl.R.C.(MD)No.578 of 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 27.06.2022

CORAM:

THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR Crl.R.C.(MD)No.578 of 2022 Murali ... Petitioner/Petitioner/ Owner of the vehicle vs.

1.The State represented by The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

(Crime No.44 of 2022) ... Respondent/Complainant 2.Rajasekar ... 2nd Respondent/Respondent/ Previous owner PRAYER : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records and set aside and to relax the order dated 25.03.2022 made in Crl.M.P.No.1026 of 2022 on the file of the learned Principal District and Sessions Judge, Pudukkottai, in so far as condition No.3 of is concerned.

For Petitioner : Mr.S.Sathyachidambaram For Respondents : Mr.K.Sanjai Gandhi, Government Advocate (Crl. Side) for R1

O R D E R

This Criminal Revision Petition is directed against the order passed in Crl.M.P.No.1026 of 2022 challenging the condition No.3, wherein, the petitioner was directed to produce the original RC book before the Court of Judicial Magistrate, Aranthangi, after changing the name in RC book.

2.No doubt, earlier a revision in Crl.R.C.(MD)No.346 of 2022 was filed challenging the first condition, wherein, the petitioner was directed to remit a sum of Rs.40,000/- as non refundable deposit and this Court vide order dated 06.04.2022 has modified the condition and directed the petitioner to deposit a sum of Rs.30,000/- before the concerned Court in Crime No.44 of 2022 on the file of the respondent police.

3.The main contention of the petitioner is that the RTO authorities are insisting for production of vehicle before effecting https://hcservices.ecourts.gov.in/hcservices/ 1/2

Crl.R.C.(MD)No.578 of 2022 the name changes, that the petitioner is not in a position to get the original RC book after effecting the name changes and that therefore, the petitioner is constrained to file the above petition. 4.The learned Government Advocate (Criminal Side) has not raised any objection.

5.Considering the above facts and circumstances and also the reason assigned in the revision, this Court is inclined to modify the condition and the petitioner is directed to produce the original RC book after effecting the name change within a period of 15 days from the date of return of vehicle from the concerned Court. 6.In the result, this Criminal Revision Petition is partly allowed and the other conditions shall stand remained unaltered. Sd/- Assistant Registrar (Crl.Side) // True Copy // /07/2022 Sub Assistant Registrar(CS) csm To 1.The Principal District and Sessions Judge, Pudukottai, Pudukottai District.

2.The Judicial Magistrate, Aranthangi, Pudukottai District.

3.The Inspector of Police, Manamelkudi Police Station, Pudukkottai District.

4.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. (2 COPIES) CRL.R.C.(MD)No.578 of 2022 27.06.2022 MA(CO) GC(07.07.2022) 2P 7C https://hcservices.ecourts.gov.in/hcservices/ 2/2