Chandran v. The Inspector Of Police

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Tuesday, the Twenty First day of September Two Thousand Twenty One PRESENT The Hon`ble Mrs.Justice T.KRISHNAVALLI in CRL.RC.No.428 OF 2021 Chandran ... Petitioner/ Petitioner Vs The Inspector of Police Mayanur Police Station Karur District.

(Cr.No. 53 of 2020). ... Respondent/Respondent Prayer :- This petition is filed under section 482 of Criminal Procedure Code to modify the order dt.20.7.2021 made in Crl.RC.No.428 of 2021 on the file of this Honble Court in so far as condition No.Para 6(a) is concerned .

Prayer in CRL.RC.No.428 OF 2021:

This petition is filed under Section 397 and 401 of Criminal Procedure Code to call for the records pertaining to the order dated.17.09.2020. passed by the Learned Sessions Judge,Karur in Crl.MP.No. 1303 of 2020 ,set aside the same . ORDER:- This 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 Thiru. B.Santhanam Rajeshkumar, Advocate for the Petitioner and of Thiru. R.M.S.Sethuraman, Additional Public Prosecutor for the respondent, this Court made the following order:

This petition is filed to modify the condition No.6(a) of the order passed in Crl.R.C(MD)No.428 of 2021, dated 20.07.2021. 2.The learned counsel appearing for the petitioner submitted that this Court allowed the Criminal Revision Case in Crl.R.C(MD) No.428 of 2021, dated 20.07.2021 by imposing the conditions. One of the conditions imposed by this Court to the petitioner is that 'the petitioner should deposit the original Registration Certificate of the vehicle'. But the petitioner has not comply with the condition, because the original Registration Certificate of the vehicle was under the custody of the private finance company namely Indusind Bank Ltd. Therefore, the petitioner could not produce the original Registration Certificate of the vehicle before the jurisdictional 1/3

Court. He further submitted that the learned counsel for the petitioner in Crl.R.C(MD)No.428 of 2021 did not bring to the notice of this Court about the said fact. Hence, he seeks to modify the said condition.

3.Mr.RMS.Sethuraman, learned Additional Public Prosecutor appearing for the respondent.

4.Heard the learned counsel appearing on either side and perused the materials available on record.

5.This Court by order, dated 20.07.2021 in Crl.R.C(MD)No.428 of 2021 ordered for return of the vehicle. At that time, the learned counsel for the petitioner did not inform the Court that the original Registration Certificate is under the custody of the financier. Hence, this Court is not inclined to modify the said condition. However, liberty is given to the petitioner to file a fresh Criminal Revision Petition before this Court. 6.With this liberty, this Criminal Miscellaneous Petition is disposed of.

Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) vsd Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

TO

1. The Sessions Judge,Karur

2. The Inspector of Police Mayanur Police Station Karur District.

3. The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai 2/3

ORDER DATED : 21/09/2021 ==========================

ORDER

========================== CRL.MP(MD).No.7310 of 2021 in CRL.RC(MD).No.428 OF 2021 Giving direction and etc.

as stated within.

RK (01.10.2021) 3P 4C 3/3