Madras High Court
M/S.Eagle Deep Infra India ... vs The Inspector Of Police on 1 April, 2021
Crl. R.C.(MD)No.277 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATE : 01.04.2021
CORAM
THE HONOURABLE MRS. JUSTICE R. THARANI
Crl. R.C.(MD)No.277 of 2021
M/s.Eagle Deep Infra India Private Limited,
By its Manager,
Manickavasakan .. Petitioner
Vs.
The Inspector of Police,
Moondradaippu Police Station,
Nanguneri Taluk,
Tirunelveli District. .. Respondent
Prayer : This Criminal Revision Case is filed under Sections 397 and 401 of
Cr.P.C., to set aside the docket order passed by the learned Judicial Magistrate,
Nanguneri in Cr.M.P.No.3748 of 2019 in C.C.No.448 of 2019 dated 11.02.2020 and
to accept the duplicate copy of the R.C. Book for SUMO GOLD LX bearing
Registration No.MH-05-BL-4919 seized by the respondent on 24.05.2019 in
connection with Crime No.60 of 2019.
For Petitioner : Mr.S.Sankarapandian
For Respondent : Mr.S.Chandrasekar
Additional Public Prosecutor
ORDER
This petition has been filed to set aside the condition imposed in
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Crl. R.C.(MD)No.277 of 2021
Cr.M.P.No.3748 of 2019 dated 11.02.2020, on the file of the learned Judicial
Magistrate, Nanguneri.
2.The respondent seized a Sumo Gold LX car bearing Registration
No.MH-05-BL-4949 and produced the property before the Court. Subsequently, the
petitioner claiming himself as the owner of the car, has approached the learned
Judicial Magistrate, Nanguneri, by filing a petition for return of the vehicle and the
learned Judge allowed the petition in Crl.M.P.No.3748 of 2019 dated 11.02.2020 on
certain conditions. Against the condition no.2, the petitioner preferred the Criminal
Revision Case.
3.On the side of the petitioner, it is stated that the original registration
certificate was found missing and the petitioner is not a position to produce original
registration certificate before the trial Court and prayed the condition to be modified.
4.In support of his contention, a similar judgment passed by this Court in
the case of Balachandra Babu v. The Inspector of Police in Crl.R.C.(MD)No.393
of 2020 is cited.
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Crl. R.C.(MD)No.277 of 2021
5.On the side of the respondent, it is stated that the petitioner has not filed
any document to prove that his original registration certificate was missing. No steps
have been taken by the petitioner to find out the original registration certificate. The
facts of the case citation by the petitioner is different to the facts of the present case
and prayed the petition to be dismissed.
6.It is seen that the petitioner has not stated, when the registration
certificate was found missing. He has not produced any document to show the
original registration certificate was found missing. No document relating to the steps
taken by the petitioner for missing of the registration certificate was filed by the
petitioner. The petitioner has filed the copy of the duplicate registration certificate,
which is said to have been issued by the Transport Authority. The seal in the
duplicate registration certificate is not clear. There was no endorsement that it is a
duplicate registration certificate issued by the authorities. The validity of the
duplicate registration certificate cannot be decided at this stage.
5.In the above circumstances, this Court is inclined to suo moto modify the
first condition to the effect that the petitioner shall deposit a sum of Rs.3,00,000/-
(Rupees Three Lakhs only) to the credit of Crime No.60 of 2019 before the learned
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Crl. R.C.(MD)No.277 of 2021
Judicial Magistrate, Nanguneri within a period of two weeks from the date of receipt
of copy of this order and the petitioner shall execute a bond for a sum of Rs.
5,00,000/- (Rupees Five Lakhs only) with two sureties for like sum each to the
satisfaction of the learned Judicial Magistrate, Nanguneri. This Court is inclined to
modify the second condition to the effect that the petitioner has to file an undertaking
affidavit that the original registration certificate was found missing and that the
petitioner will deposit the original registration certificate, if found and that he will
not use the original registration certificate without the knowledge of the Court. The
petitioner is directed to produce the duplicate registration certificate before the
Court. In respect of other conditions, the order of the learned Judicial Magistrate
shall remain unaltered.
6.In view of the above, the Criminal Revision Case is partly allowed and
the order passed by the learned Judicial Magistrate, Nanguneri in Cr.M.P.No.3748 of
2019 dated 11.02.2020 is modified as above.
01.04.2021
Index : Yes/No
Internet : Yes/No
Mrn
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Crl. R.C.(MD)No.277 of 2021
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, Nanguneri.
2.The Inspector of Police,
Moondradaippu Police Station,
Nanguneri Taluk,
Tirunelveli District.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
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Crl. R.C.(MD)No.277 of 2021
R.THARANI, J.
MRN
Crl. R.C.(MD)No.277 of 2021
01.04.2021
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