Pandiyan v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI Pandiyan ... Petitioner / Petitioner Vs.

State of Tamil Nadu, Rep. by the Inspector of Police, Thiruchuli Police Station, Virudhunagar District.

(Crime No.426 of 2024) ... Respondent / Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records made in Crl.M.P.No.13 of 2025 dated 24.01.2025 on the file of the learned District Munsif cum Judicial Magistrate, Thiruchuli and set aside the same. For Petitioner : Mr.R.Murali For Respondent : Mr.S.S.Manoj, Government Advocate (Crl. Side)

ORDER

Seeking to modify the condition Nos.2 and 5 in the impugned order dated 24.01.2025 passed by the learned District Munsif cum Judicial Magistrate, Thiruchuli, this Criminal Revision case is filed. 1/4

2. The learned counsel for the petitioner submitted that as per the condition No.2 of the order passed by the learned District Munsif cum Judicial Magistrate, Thiruchuli, the petitioner produced the original RC book of his vehicle before the learned District Munsif cum Judicial Magistrate, Thiruchuli. However, the fitness certificate of the vehicle has already expired and for the purpose of getting fitness certificate to the vehicle, the petitioner requires the original RC book. He further submitted that the learned District Munsif cum Judicial Magistrate, directed the petitioner to produce the petition-mentioned vehicle on the first working day of every month. Since the vehicle being a lorry will be operated in various places of the State, the condition to produce the vehicle on the first working day of every month is causing heavy loss of income to the petitioner and the same has to be modified.

3. Heard the learned counsels on either side and carefully perused the materials available on record.

4. Considering the facts and circumstances of this case, the learned Judicial Magistrate, is directed to return back the original RC book after receiving the copy of the RC book to the petitioner and the 2/4

petitioner is directed to obtain fitness certificate within a period of 45 days and return back the original RC book before the learned District Munsif cum Judicial Magistrate, Thiruchuli, on the 46th day from the date of receipt of the RC book received by the petitioner from the District Munsif cum Judicial Magistrate, Thiruchuli. As far as condition No.5 is concerned, the same is modified by directing the petitioner to produce the vehicle on the first working day of every four months.

5. With the above directions, this Criminal Revision case is allowed. No costs.

15.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The District Munsif cum Judicial Magistrate, Thiruchuli.

2.The Inspector of Police, Thiruchuli Police Station, Virudhunagar District..

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

3/4

L.VICTORIA GOWRI, J., Sml 15.07.2025 4/4