Partly allowed

Rajendran v. The Sub Inspector of Police

Madras HC19 Dec 2019CRL RC(MD)/730/2019

Case brief

AI extract

What is this about?

The Madurai Bench of Madras High Court allowed a petition by a widow to return the original Registration Certificate of a JCB vehicle. Directing the Principal Sessions Judge to return the document for 30 days, the court facilitated her ability to renew the fitness certificate given her husband's demise. Relief granted for a limited duration.

What did the court decide?

Directs the Principal Sessions Judge, Madurai to return the Original RC book to the petitioner for a period of 30 days to renew the fitness certificate.

Rajendran Vs The Sub Inspector of Police — Property and Title | Madras HC (2019)

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CRL.M.P.(MD).No.8117 OF 2021

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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Criminal Original Jurisdiction

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Thursday, the Seventh day of October Two Thousand Twenty One

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PRESENT

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The Hon`ble Mr.Justice R.PONGIAPPAN

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CRL.M.P.(MD).No.8117 OF 2021 in CRL RC(MD). No.730 of 2019

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Malathy ... Petitioner/Petitioner/Petitioner

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The Sub Inspector of Police Peraiyur Police Station , Madurai Cr No. 158/2019. ... Respondent/Respondent/Respondent

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Prayer in Crl.M.P.(MD).No.8117 OF 2021:-

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Petition filed under Section 482 of Criminal Procedure Code,to modify the order in Crl.M.P.(MD).No.4198 of 2020 in Crl.R.C(MD). No.730 of 2019. Dt.01.09.2020.and direct to return the R.C.Book deposited before the Principal District and Sessions Judge, Madurai.

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Prayer inCrl.M.P.(MD).No.4198 of 2020:-

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Petition filed under Section 482 of Criminal Procedure Code,to modify the order in CRL RC(MD). No.730 of 2019 dt.19.12.2019 and direct to refund the amount of Rs.1 Lakh deposited vide Receipt no.380604 dt 2.1.2020 and also to return the R.C.Book deposited before the Principal District sessions Judge Madurai

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Prayer in CRL RC(MD). No.730 of 2019:-

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This Criminal Revision has been filed undaer Section 397r/w 401 of the Criminal Procedure Code,to call for the records pertaining to the order passed in Cr. M. P No. 3810/2019 dated 06.09.2019 on the file o f the Learned Principal sessions Judge Madurai and set aside it and consequently pass order returning thre JCB vehicle Registration No.TN.58 AU 4665.

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ORDER:- This Petition coming on for orders on this day and upon https://hcservices.ecourts.gov.in/hcservices/

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CRL.M.P.(MD).No.8117 OF 2021

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perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of Thiru.Manikandan.A., Advocate for the Petitioner and of Thiru. M.Muthumanikkam, Government Advocate for the respondent, this Court made the following order:

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This petition has been filed to modify the order dated 01.09.2020 made in Crl.M.P(MD)No.4198 of 2020 in Crl.R.C.(MD)No.730 of 2019, on the file of the learned Principal Sessions Judge, Madurai and direct to return the R.C.Book which deposited earlier in the above referred case.

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Previously, this Court, while at the time of disposing the Crl.R.C(MD)No.730 of 2019, dated 19.12.2019, directed the learned Principal Sessions Judge, Madurai to return the JCB vehicle bearing Registration No.TN-58-AU-4665 to the petitioner for interim custody and further directed the petitioner to deposit the original Registration Certificate of the vehicle. Complying the said condition, the petitioner herein deposited the said original Registration Certificate before the Principal Sessions Judge, Madurai.

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Now, due to the reason that the owner of the vehicle, who was the husband of the petitioner, is no more and hence, the petitioner has filed this application praying to return the original RC book for renewing the fitness certificate. It is apparent that without seeing the original RC book, the transport authorities cannot extend the fitness certificate and therefore, the reasons stated by the petitioner is genuine and acceptable one.

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Accordingly, this petition is ordered. The learned Principal Sessions Judge, Madurai is directed to return the original RC book to the petitioner for a period of 30 days alone, so as to enable the petitioner to renew the fitness certificate.

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/ /2021 Sub Assistant Registrar(CS)

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1 .Principal District and Sessions Judge, Madurai.

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The Sub Inspector of Police Peraiyur Police Station , Madurai .

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https://hcservices.ecourts.gov.in/hcservices/

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CRL.M.P.(MD).No.8117 OF 2021

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

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Copy to:

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The Section Officer, Criminal Section,

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Madurai Bench of Madras High Court, Madurai

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ORDER DATED : 07/10/2021

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========================== ORDER ==========================

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CRL.M.P.(MD).No.8117 OF 2021 in CRL. R.C(MD).No.730 of 2019

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Giving direction and etc. as stated within. RD(27.10.2021) 3P 5C

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https://hcservices.ecourts.gov.in/hcservices/

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Rajendran v. The Sub Inspector of Police

Case brief

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What did the court decide?

Rajendran v. The Sub Inspector of Police

Case brief

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