Madras High Court
S.Praveen vs State on 12 July, 2021
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED:12.07.2021
CORAM
THE HONOURABLE MRS. JUSTICE T.KRISHNAVALLI
Crl.R.C(MD)No.332 of 2021
S.Praveen : Petitioner/Petitioner/A3
Vs.
State,
Rep. by Sub Inspector of Police,
CBCID, Theni.
(Crime No.1 of 2019) : Respondent/Respondent/Complainant
Prayer: Criminal Revision has been filed under section
397 r/w 401 of Criminal Procedure Code, to call for records made
in Cr.M.P No.1163 of 2021 on the file of the Judicial Magistrate,
Theni, filed by the petitioner under Section 451 of Cr.P.C and set
aside the partial dismissal order, dated 24.03.2021.
For Petitioner : Mr.S.Poornachandran
for Mr.S.Vijayakumar
For Respondent : Mr.RMS.Sethuraman
Standing counsel for
State Government (Crl. Side)
ORDER
This Criminal Revision is directed against the partial
order, dated 24.03.2021 made in Cr.M.P No.1163 of 2021 on the file
of the Judicial Magistrate, Theni, filed by the petitioner under
Section 451 of Cr.P.C.
https://www.mhc.tn.gov.in/judis/
2.The respondent police registered the case in Crime No.1
of 2019 for the alleged offence under sections 120(B), 419 and 420
IPC, on the basis of the complaint lodged by the Dean, Theni
Medical College Hospital, on 18.09.2019 alleging that during the
Academic year 2019-2020, the petitioner and some other students
impersonated NEET entrance examination for MBBS and obtained
medical seats. In this connection, the petitioner was arrested and
enlarged on bail by the Principal Sessions Judge, Theni. The
petitioner's SSLC, HSC Mark statement, Community Certificate and
Transfer Certificate were also seized by the respondent police and
the same have been handed over to the Judicial Magistrate, Theni.
The petitioner filed an application in Cr.M.P No.1163 of 2021 on the
file of the Judicial Magistrate, Theni, for return of his certificates.
However, the learned Judicial Magistrate, by order, dated
24.03.2021 allowed the application pertaining to 10th and 12th mark
statement and dismissed the prayer with regard to return of
Community Certificate and Transfer Certificate. Aggrieved over the
partial dismissal of the impugned order, the petitioner is before this
court.
3.Heard the learned counsel appearing on either side and
perused the materials available on record.
https://www.mhc.tn.gov.in/judis/
4.In a similar circumstance, this court has passed an order
in Crl.RC(MD)No.553 of 02020, dated 02.02.2021 directing the
concerned authority to give the Transfer Certificate and Conduct
Certificate within a period of two weeks from the date of filing of
necessary application by the petitioner.
5.In view of that, this Criminal Revision is allowed, by
directing the concerned authority to give the Transfer and Conduct
Certificate, within a period of two weeks from the date of filing of
necessary application by the petitioner.
12.07.2021
Index:Yes/No
Internet:Yes/No
er
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.
https://www.mhc.tn.gov.in/judis/
T.KRISHNAVALLI,J
er
1.The Sub Inspector of Police,
CBCID, Theni.
2.The Judicial Magistrate,
Theni.
3.The Additional Public Prosecutor,
Madurai Bench of Madras High Court,
Madurai.
Judgment made in
Crl.R.C(MD)No.332 of 2021
12.07.2021
https://www.mhc.tn.gov.in/judis/
https://www.mhc.tn.gov.in/judis/
