Madras High CourtCRL MP(MD)/8425/2025allowed

Suresh v. The State Of Tamilnadu

2025-07-03Honourable Mrs Justice L.Victoria Gowri3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Third day of July Two Thousand and Twenty Five PRESENT THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI CRL MP(MD). No.8425 of 2025 in CRL RC(MD).NO.916 OF 2024 Suresh ... Petitioner/Petitioner Vs The State of Tamilnadu Rep by the Inspector of Police Rajathani Police Station Theni District.

(Crime No.116/2024) ... Respondent/Respondent Prayer in CRL MP(MD).No.8425 of 2025 :- This Crimial Miscellaneous Petition is filed under Section 528 of BNSS.,to modify the condition (No.C) imposed upon the petitioner that to direct the petitioner to deposit the xerox copy of the original registration certificate of the petitioners vehicle bearing Registration No. TN-57-AU-8671 before the learned Judicial Magistrate,Aundipatti instead of depositing the Original Registration Certificate of the Petitioner's vehicle bearing Registration NO.TN 57 AU 8671 before the Learned Judicial Magistrate,Aundipatti in CRL RC(MD).NO.916 of 2024 dated 25.09.2024.

Prayer in CRL RC(MD).No.916 of 2024 :-

This Crimial Revision Petition is filed under Section 438 r/w 442 of of BNSS Act,to call for records relating to the order dated 27.08.2024 in Crl.M.P.No.4045 of 2024 in Crime No.116 of 2024 on the file of learned Judicial Magistrae,Aundipatti, set aside the same and consequently direct the learned Judicial Magistrate,Aundipatti to return the vehicle bearing Registration No.TN 57 AV 8671 to the petitioner herein.

ORDER:- This Criminal Misc 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 Mr.M.Prabhu, Advocate for the Petitioner and of Mr.S.S.Manoj, Government Advocate Criminal Side, for the respondent, this Court made the following order:

This petition has been filed to modify the condition No.C, directing the petitioner to deposit the original Registration Certificate of the petitioner's vehicle bearing Registration No.TN-57-AU-8671 before the learned Judicial Magistrate, Aundipatti.

2. It is brought to the notice of the Court by the learned counsel for the petitioner that the petitioner has already deposited the original Registration Certificate in Crime No.177 of 2022 on the file of Judicial Magistrate, Aundipatti.

3. In view of the same, Paragraph No.8 (c) of the order, dated 25.09.2024 in Crl.R.C (MD)No.916 of 2024 is modified as follows:

"The petitioner shall deposit the xerox copy of the original Registration Certificate before the Judicial Magistrate, Aundipatti and to file an affidavit submitting the fact that the original Registration Certificate is already deposited before the Judicial Magistrate, Aundipatti in Crime No.177 of 2022."

4. Accordingly, this Criminal Miscellaneous Petition is allowed. Sd/- Assistant Registrar (CS-I) // True Copy // / /2025 Sub Assistant Registrar (CS - I/II/III/IV) TO 1.The Judicial Magistrae, Aundipatti, 2.The Inspector of Police Rajathani Police Station Theni District.

3 The Additional Public Prosecutor.

Madurai Bench of Madras High Court, Madurai.

ORDER DATED : 03/07/2025 ==========================

ORDER

========================== CRL MP(MD). No.8425 of 2025 IN CRL RC(MD).NO.916 OF 2024.

Giving direction and etc.

as stated within.

TS (22/07/2025) 3P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.