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Madras High CourtCRL MP(MD)/9161/2025ordered

Ravichandran v. The Special Sub Inspector Of Police

2025-08-07Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Criminal Original Jurisdiction Thursday, the Seventh day of August Two Thousand and Twenty Five PRESENT THE HONOURABLE MRS. JUSTICE L. VICTORIA GOWRI in CRL RC(MD)No.886 of 2024 Ravichandran ... Petitioner/Petitioner Vs 1 The Special Sub Inspector Of Police Musiri Police Station Trichy District.

Crime No. 149/2024 ... 1st Respondent/Respondent 2 M/s.Sri Krishna Auto Finance No.31-D/1 North Pradhakshnam Road Karur - 639 001.

... 2nd Respondent [R2 is impleaded as per Order of this Court dated 04.08.2025 in Crl.M.P.(MD).No.9801 of 2025 in Crl RC(MD)No.886 of 2024] Prayer in CRL MP(MD). No.9161 of 2025:- Criminal Miscellaneous Petition is filed under Section 528 of BNSS,2023,to modify the condition imposed by this Honble court in Crl R.C (MD) No. 886/2024 dt. 03.04.2025 as to (c) the petitioner shall deposit the original registration certificate of the vehicle before the learned Judicial Magistrate, Musiri. 1/4

Prayer in CRL RC(MD)No.886 of 2024:- Criminal Revision Case filed under Section 438 r/w 442 B.N.S.S., to call for the entire records pertaining to the order passed by the learned Judicial Magistrate, Musiri in Crl.M.P.No.2532 of 2024 vide order dated 07.08.2024 and quash the same and consequently, direct the above said learned Judicial Magistrate, Musiri to return the petitioner's Tipper Lorry bearing its Registration No.TN-22-BC-6820 in connection with the case in Crime No.149 of 2024 on the file of the respondent police.

ORDER:- This Criminal Miscellaneous 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.K.Arunraj, Advocate for the Petitioner and of Mr.S.S.Manoj, Government Advocate (Crl. side)For R1 and Mr.M.Silambarasan, Advocate For R2, this Court made the following order: Seeking to modify the condition passed by this Court in Crl.RC(MD)No.886 of 2024 dated 03.04.2025 to deposit the original registration certificate of the vehicle before the learned Judicial Magistrate, Musiri, this Crl.M.P.(MD)No.9161 of 2025 is filed by the petitioner.

2. The learned counsel for the petitioner submitted that the petitioner had purchased the said vehicle by obtaining a vehicle loan from Sri Krishna Auto Finance, Karur, who was impleaded as the 2nd respondent. 2/4

3. The learned counsel for the impleaded second respondent categorically contended that the petitioner is a chronic defaulter in paying the EMI and hence, by all means, they are not ready to hand over the original RC book to the petitioner and if they are inclined to do the same, they will have to sacrifice their amount, which they have already given to the petitioner and expressed his strong objection in modifying the condition.

4. In view of the same, the petitioner is permitted to produce a copy of the original Registration Certificate of the vehicle before the learned Judicial Magistrate, Musiri, along with an affidavit stating that the original RC book is with the second respondent finance company.

5. Accordingly, this petition is allowed.

Sd/- Assistant Registrar (CS - I) // True Copy // /2025 Sub Assistant Registrar (CS - I/ II / III /IV) Madurai Bench of Madras High Court, Madurai.

TO 1 The Judicial Magistrate, Musiri.

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2 The Special Sub Inspector Of Police Musiri Police Station Trichy District.

Crime No. 149/2024 Copy To

1. The Section Officer, Criminal Section Madurai Bench of Madras High Court, Madurai

2. The Special Govt. Pleader, Madurai Bench of Madras High Court, Madurai 3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

+1 CC to M/s.K.ARUNRAJ, Advocate ( SR-8516[I] dated 07/08/2025 ) ORDER DATED : 07/08/2025 ==========================

ORDER

========================== in CRL RC(MD)No.886 of 2024 Giving direction and etc.

as stated within.

AVK/25.08.2025 4P/7C Madurai Bench of Madras High Court is issuing certified copies in this format from 17/07/2023 4/4