Madras High Court
R.Ganesan vs The Revenue Divisional Officer on 27 April, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 27.04.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.RC(MD)No.114 of 2021
R.Ganesan : Petitioner/Petitioner
Vs.
1.The Revenue Divisional Officer,
Revenue Divisional Office,
Melur, Madurai District.
2.The Tahsildar,
Madurai East,
Madurai.
3.The Assistant Director,
Tamil Nadu Mines & Minerals,
Madurai District. : Respondents/Respondents
Prayer: Criminal Revision filed under section 397 and 401
of the Code of the Criminal Procedure, to call for the records
relating to the judgment, dated 23.09.2020 made in Crl.MP No.557
of 2020 on the file of the Judicial Magistrate, Melur, and set aside
the same and to direct the learned Judicial Magistrate, Melur to
grant interim custody of RC Book of the petitioner's vehicle bearing
No.TN-59-AU-3306.
For Petitioner : Mr.K.Muthu Ganesh Pandian
For Respondent : Mr.A.Robinson,
Government Advocate (Crl. Side)
https://www.mhc.tn.gov.in/judis/
2
JUDGMENT
This Criminal Revision has been filed to call for the
records relating to the judgment, dated 23.09.2020 made in Crl.MP
No.557 of 2020 on the file of the Judicial Magistrate, Melur, and set
aside the same and to direct the learned Judicial Magistrate, Melur
to grant interim custody of RC Book of the petitioner's vehicle
bearing No.TN-59-AU-3306.
2.The petitioner is the owner of the Tipper Lorry TN-59-
AU-3306. The above said vehicle was seized on the allegation that it
was used for illegal transport of soil and it is in the custody of the
second respondent Tahsildar, Madurai East. The alleged vehicle
along with RC Book was later handed over to the Court.
Subsequently, as per the order of this Court made in W.A(MD)No.
948 of 2019, dated 19.09.2019 the petitioner's vehicle was directed
to be released by the concerned Magistrate Court on imposing
certain conditions. Thereafter, based on the order passed by this
Court, the vehicle was returned, however, the RC Book was
retained by the learned Judicial Magistrate, Melur. The petitioner
in order to obtain a Fitness Certificate had filed a petition in
Crl.M.P. No.557 of 2020 seeking for return of RC Book. But the
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learned Judicial Magistrate, Melur, by order, dated 23.09.2020 has
dismissed the petition. Challenging the same, the petitioner is
before this Court.
3.The learned counsel appearing for the petitioner
submitted that the petitioner is the owner of the vehicle and he is
not an accused in the criminal case registered by the police and
that the vehicle has been used for that offence without his
knowledge. It is further submitted that the vehicle is used as a
public transport vehicle and now, since the Fitness Certificate
issued has lapsed, he is unable to use the vehicle, thereby, he is put
to severe hardship and the RC Book is needed for renewing the
Fitness Certificate and praying for allowing the Criminal Revision.
4.The learned Government Advocate (Criminal side)
appearing for the respondents submitted that if the RC Book is
returned to the petitioner, the petitioner will involve in similar
offence.
5.Heard the learned counsel appearing on either side and
perused the materials available on record.
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6.It is the main grievance of the petitioner that in order to
obtain a Fitness Certificate and to carry out the formalities for
obtaining the Fitness Certificate, interim custody of the RC Book is
necessary.
7.Considering the above facts and circumstances of this
case, this Criminal Revision is disposed of and impugned order,
dated 23.09.2020 passed in Crl.MP No.557 of 2020 by the learned
Judicial Magistrate, Melur, is set aside. The learned Judicial
Magistrate, Melur is directed to hand over the interim custody of
the RC Book of the Tipper Lorry TN-AU-3306 to the petitioner for a
period of four weeks from the date of receipt of a copy of this order
on condition that the petitioner shall file an undertaking affidavit
before the Judicial Magistrate, Melur, to return the RC book after
completion of Fitness Certificate formalities within a period of four
weeks from the date of handing over the RC Book.
27.04.2021
Index:Yes/No
Internet:Yes/No
er
https://www.mhc.tn.gov.in/judis/
Note :
In view of the present lock
down owing to COVID-19
pandemic, a web copy of the
order may be utilized for
official purposes, but,
ensuring that the copy of the
order that is presented is the
correct copy, shall be the
responsibility of the
advocate / litigant
concerned.
To,
1.The Judicial Magistrate,
Melur,
Madurai District,
2.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
Crl.RC(MD)No.114 of 2021
27.04.2021
https://www.mhc.tn.gov.in/judis/
