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Madras High CourtCRL MP(MD)/8895/2024ordered

Sagayaraj v. Simon

2024-08-29Honourable Mr Justice K.Murali Shankar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Civil Appellate Jurisdiction Thursday, the Twenty Ninth day of August Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice K.MURALI SHANKAR in CRL RC(MD).No.966 of 2019 Sagayaraj ... Petitioner/Owner of the vehicle Vs 1 Simon ...Accused 2 The Inspector of Police, Chettinad Police Station, Sivagangai District.

Crime No.45/019.

... Respondent/Complainant Prayer :- Criminal Miscellaneous Petition filed under Section 528 of BNSS., to modify the condition imposed by this Court in Crl.RC.(MD) No.966/2019 dt.10.01.2020 the condition to be modify the Original RC book return to the petitioner for the purpose of renewal permit vehicle bearing No.TN 63-BE-3940. Prayer in CRL RC(MD). 966/ 2019 :

This Criminal Revision has been filed under Section 397 r/w 401 of Criminal 1/4

Procedure Code,to Call for records pertaining to impugned order dated 28.11.2019 made in Crl.MP. 3236/2019 in Cr. No.45/2019 on the file of the Principal Sessions Judge and set-aside the same and release of the lorry bearing Registration No.TN63-BE-3940. 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 Mr. A.Shajahan, Advocate for the Petitioner and of Mr. E.Antony Sahaya Prabahar, Government Advocate for the second respondent, this Court made the following order:

The Criminal Miscellaneous Petition has been filed to modify the condition imposed by this Court in Crl.R.C(MD)No.966 of 2019, dated 10.01.2020 and direct the learned trial Judge to return the original RC Book to the petitioner for the purpose of renewal of permit of the vehicle bearing TN.63-BE-3940. 2.It is evident from the records that the petitioner has produced the original RC Book before the learned Principal Sessions Judge, Sivagangai, in pursuance of the directions of this Court in Crl.R.C(MD)No.966 of 2019, dated 10.01.2020. 2/4

3. The main contention of the petitioner is that the petitioner is in need of original RC Book to renew the permit of the vehicle.

4. Considering the above facts and circumstances of the case and also the submissions made by the learned counsel for the petitioner, the concerned Court is directed to return the original RC Book to the petitioner and the petitioner is directed to resubmit the same, after renewal of the permit of the vehicle within one month from the date of the receipt of RC Book. Sd/- Assistant Registrar (CO) // True Copy // /09/2024 Sub Assistant Registrar (CS- I, II, III, IV) Das To:

1.The Principal Sessions Judge, Sivagangai.

2. The Inspector of Police, Chettinad Police Station, Sivagangai District.

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

+ 1 CC to Mr.A.Shajahan,Sr.46904.

ORDER DATED : 29/08/2024 ==========================

ORDER

========================== in CRL RC(MD).No.966 of 2019 Giving direction and etc.

as stated within.

RD(10/09/2024) 4P / 5C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023. 4/4