Ashok Raja v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23-09-2025
CORAM
THE HONOURABLE MR JUSTICE K.MURALI SHANKAR Crl MP(MD) No.7508 of 2025 in Crl RC(MD) No.519 of 2025 Ashok Raja Petitioner/ Owner of the property/ Petitioner Vs 1.The State of Tamil Nadu represented by The Sub Inspector of Police, Thirupparakundram Police Station, Madurai City.
(Crime No.292 of 2024) 2.The Regional Transport Officer / Motor Vehicle Inspector, Unit Office, Thirumangalam, Thirumangalam Taluk, Madurai District.
Respondents (R2 is impleaded as per order of this Court dated 15.09.2025 in Crl.M.P.(MD)No.12453 of 2025 in Crl.M.P.(MD)No.758 of 2025 in Crl.R.C.(MD)No.519 of 2025) Prayer in Crl.M.P.(MD)No.7508 of 2025 : This Criminal Miscellaneous Petition filed under Section 528 B.N.S.S. praying to modify the "C" condition alone (the petitioner 1/5
shall deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate No.VI, Madurai) imposed by this Court in Crl.R.C.(MD)No.519 of 2025 dated 24.04.2025 on the file of this Court. Prayer in Crl.R.C.(MD)No.519 of 2025 : This Criminal Revision Case filed under Section 442 and 438 B.N.S.S., to set aside the impugned order dated 21.09.2024 passed in Crl.M.P.No.3730 of 2024 on the file of the learned Judicial Magistrate No.VI, Madurai and consecutively direct the respondent herein to release the vehicle in vehicle bearing No.TN-58-AU-6250 which is in the custody of the respondent from 14.06.2024. For Petitioner: Mr.S.M.Ramasiva, Advocate For Respondents:Mr.B.Thanga Aravindh, Government Advocate (Crl. Side) for R1 Mrs.K.Malathi, Additional Government Pleader for R2
ORDER
The above petition has been filed seeking modification of the condition imposed in Crl.R.C.(MD)No.519 of 2025, wherein, this Court, while ordering for the release of vehicle, directed the petitioner to deposit the original Registration Certificate of the vehicle before the learned Judicial Magistrate No.VI, Madurai.
2. The learned counsel appearing for the petitioner would submit that the petitioner's original Registration Certificate has been found lost in the month of May 2024, for which, an online complaint was lodged and that when the second respondent was approached for duplicate Registration Certificate, he directed for production of the vehicle.
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3. The learned Government Advocate (Criminal Side) appearing for the first respondent would submit that the petitioner, after fully knowing that original Registration Certificate is not available with him, has approached the learned Magistrate Court and also this Court by suppressing the said factum and that the petitioner lodged the online complaint in the year 2025 alleging that original Registration Certificate was lost on 10.05.2024.
4. The learned counsel appearing for the petitioner would submit that the petitioner applied for getting a duplicate Registration Certificate and paid necessary charges and he has also produced the copy of the E-fee receipt paid to the Transport Department, Government of Tamil Nadu Registration Authority Thirumangalam Unit Office, wherein, the Motor Vehicle Inspector has made an endorsement directing the petitioner to produce the vehicle along with all the original necessary certificates for fitness test.
5. The learned Additional Government Pleader appearing for the second respondent would submit that the Transport Commissioner has issued a circular directing the Registering authorities to issue duplicate Registration Certificate only after production of the vehicle concerned and on that basis, the petitioner was directed to produce the vehicle.
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6. The learned counsel appearing for the petitioner would submit that the petitioner is prepared to produce the title deeds and sureties as directed by this Court. He requests temporary custody of the vehicle to facilitate its submission for a fitness test and obtaining a duplicate Registration Certificate from the Regional Transport Office. Additionally, he states that the vehicle requires repairs to make it roadworthy for transportation to the Regional Transport Office.
7. Considering the above, the petitioner shall submit the title deeds relating to his house property along with valuation certificate before the learned Judicial Magistrate No.VI, Madurai and produce the sureties as directed by this Court in the order dated 24.04.2025. Upon such production, the learned Judicial Magistrate No.VI, Madurai, upon satisfaction, shall direct the release of the vehicle on temporary basis so as to enable the petitioner to get a duplicate Registration Certificate and fitness certificate. After obtaining the duplicate Registration Certificate, the petitioner shall submit the same along with the vehicle to the learned Judicial Magistrate No.VI, Madurai, who shall then return the vehicle upon compliance with the conditions imposed in the earlier order dated 24.04.2025, and thereafter, return the original title deeds to the petitioner. The petitioner shall complete the entire exercise within a period of one month from the date he takes interim custody of the vehicle. All other conditions in the said order shall remain unaltered 4/5
8. Accordingly, this petition is ordered.
23-09-2025 CSM To 1.The Judicial Magistrate No.VI, Madurai.
2.The Sub Inspector of Police, Thirupparakundram Police Station, Madurai City.
3.The Regional Transport Officer / Motor Vehicle Inspector, Unit Office, Thirumangalam, Thirumangalam Taluk, Madurai District.
4.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.
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