Madras High CourtCRL RC(MD)/685/2021partly allowed

S.Ramachandran v. The Inspector Of Police

2022-02-24Honourable Mr Justice G.K. Ilanthiraiyan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN Crl.R.C.(MD)No.685 of 2021 S.Ramachandran ... Petitioner/Petitioner Vs.

The Inspector of Police, Vengamedu Police Station, Karur District, Karur.

(Crime No.474 of 2021) ... Respondent/Respondent Prayer : This Criminal Revision has been filed under Section 397 r/w 401 of Criminal Procedure Code, to call for the records pertaining to the order dated 25.08.2021 in C.M.P.No.1222 of 2021 in RP.No.229 of 2021 on the file of the learned Judicial Magistrate No.I, Karur and modify the condition No.5 "that the petitioner shall produce the original RC Book before this Court within a period of one month from the date of the order"in the impugned order.

For Petitioner : Mr.T.Lajapathi Roy For Respondent : Mr.M.Aasha Government Advocate (Criminal Side)

O R D E R

This petition has been filed to set aside the conditions No.5 imposed by the learned Judicial Magistrate No.I, Karur in the order passed in C.M.P.No.1222 of 2021, dated 25.08.2021. 2.The petitioner claims to be the owner of the vehicle, namely, Yamaha, Two wheeler bearing Registration No.TN-55-A-6166. The respondent police seized the petitioner's vehicle and registered a case in Crime No.474 of 2021. Subsequently, the petitioner has approached the learned Judicial Magistrate No.I, Karur, by way of filing a petition in Cr.M.P.No.1222 of 2021 for release of the vehicle and the learned Judicial Magistrate has allowed the petition filed by the petitioner by its order dated 25.08.2021, by imposing condition to the effect that the petitioner was directed to produce the original RC Book before this Court within a period of one month from the date of the order before the Court. Challenging the said condition imposed by the Court below, the petitioner is before this Court with this criminal revision.

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

4.The only grievance of the petitioner is that the condition imposed by the learned learned Judicial Magistrate No.I, Karur to produce the original RC Book before this Court within a period of one month from the date of the order.

5.Considering the grievance addressed by the learned counsel appearing on behalf of the petitioner with the relevant records, the petitioner could not able to produce the Original RC Book before the Court below, since the said RC Book is in possession of accused. 6.Considering the above, the petitioner is said to produce certified copy of the RC Book of the vehicle. Hence, in view of that, this Criminal Revision Case is partly allowed. The order of the learned Judicial Magistrate No.I, Karur, made in Cr.M.P.No.1222 of 2021, dated 25.08.2021 is modified in respect of the condition No.5 alone and it is modified. In respect of other conditions,the order of the learned Judicial Magistrate No.I, Karur, shall remain unaltered.

Sd/- Deputy Registrar (A/Cs) // True Copy // / /2022 Sub Assistant Registrar(CS) mga To:- 1.The Judicial Magistrate No.I, Karur.

2.The Inspector of Police, Vengamedu Police Station, Karur District, Karur.

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

Copy to The Section Officer, Criminal Section, (2C)(Soft Copy) Madurai Bench of Madras High Court, Madurai 2/3

+1 CC to M/s.T.LAJAPATHI ROY, Advocate ( SR-8820[F] dated 25/02/2022 Crl.R.C.(MD)No.685 of 2021 24.02.2022 KG(CO) KB(11.03.2022) 3P 7C 3/3