Madras High CourtCRL RC(MD)/977/2025disposed of

M. Haridasan v. The State Of Tamilnadu

2025-08-04Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI M.Haridasan ... Petitioner Vs.

State through the Inspector of Police, Palani Adivaram Police Station, Crime No.24/2025 ... Respondent PRAYER: Criminal Revision Petition is filed under Section 438 r/w 442 of BNSS, to call for the records relating to the judgment dated 23.07.2025, made in Crl.M.P.No.679 of 2025 on the file of the learned Judicial Magistrate, Palani and set aside the same and direct the learned Judicial Magistrate Court, Palani, to grant interim custody of RC book of the petitioner's vehicle bearing registration No. KL-53B-4228. For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondent : Mr.S.S.Manoj, Government Advocate

ORDER

Challenging the order passed by the learned Judicial Magistrate, Palani, is Crl.M.P.No.679 of 2025, dated 23.07.2025, declining to give the interim custody of the original RC book with respect to the vehicle 1/4

Toyota Innova Silver Colour bearing Registration No.KL5334228, this Criminal Revision case is filed, for the purpose of obtaining the fitness of the aforesaid vehicle, the interim custody of the original RC book is required by the petitioner.

2. The learned counsel for the petitioner submitted that as per the order passed by this Court in Crl.RC(MD)No.479 of 2025, dated 15.04.2025, the petitioner produced the original RC book of his vehicle before the learned Judicial Magistrate, Palani. However, the fitness certificate of the vehicle has already expired, and for the purpose of getting a fitness certificate to the vehicle, the petitioner requires the original RC book. Hence, he filed Crl.M.P.No.679 of 2025, seeking return of the original RC book of his vehicle. Since the same was dismissed by the learned Trial Court, this Criminal Revision case has been filed.

3. Considering the facts and circumstances of this case and considering the plight of the petitioner, the impugned order is hereby set aside and the learned Judicial Magistrate, Palani, is directed to hand over the original RC book to the petitioner for a period of one month, on receipt of an affidavit from the petitioner declaring that the 2/4

same would be handed over back to the learned Judicial Magistrate on obtaining fitness certificate within a period of one month from the date of issuance of the RC book by the learned Judicial Magistrate, Palani. The petitioner is directed to file an affidavit in line with this order and thereafter proceed with the case in accordance with law.

4. Accordingly, this Criminal Revision case is disposed of. No costs.

04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Sml To 1.The Judicial Magistrate Court, Palani.

2.The Inspector of Police, Palani Adivaram Police Station, Palani.

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L.VICTORIA GOWRI, J., Sml 04.08.2025 4/4