Single judge disposed a criminal revision challenging an order requiring the petitioner to provide surety for interim custody of a vehicle's Registration Certificate to facilitate vehicle renewal.
Revision disposed of at the stage of admission without granting relief; Criminal Revision Case dismissed.
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THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR
Criminal Revision Case No.1742 of 2009
(Dated : 21-10-2009)
Between: Md. Nayeemuddin S/o Md. Nawaaz Moosa R/o H.No.4-4-27, Dhoolpet, Narayanpet
…Petitioner
A n d The State of A.P., rep. by Public Prosecutor, High Court of A.P., Hyderabad.
…Respondent
THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR
Criminal Revision Case No.1742 of 2009
ORDER:
This revision is directed against the order dated 6.10.2009 passed in Crl.M.P.No.1812 of 2009 in C.C.No.71 of 2008 on the file of the Judicial First Class Magistrate, at Mahabubnagar, whereby and whereunder, the learned Magistrate directed the petitioner to furnish surety of Rs.50,000/- for interim custody of the original R.C book of the lorry bearing No.AP 22 V 8818 belonging to the petitioner.
2. Heard learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondent-State.
3. When the revision came up for admission, with the consent of learned counsel appearing for the parties, it is taken up for final disposal.
4. The only contention of the petitioner is that unless the petitioner is in possession of the R.C book, it will be difficult for him to ply the vehicle.
5. The learned Magistrate passed orders directing return of the original R.C book for its renewal on condition of the petitioner executing single surety of Rs.50,000/- and with a direction to return the R.C book after renewal, on or
before 6.11.2009 since the case is pending against A-1.
6. I do not see any irregularity or impropriety in the impugned order warranting interference of this Court in exercise of powers under Section 397(1) and 401 Cr.P.C. The usual practice is that whenever the R.C book is deposited in the Court, a certificate would be issued showing deposit of the R.C Book and with the help of Xerox copy of the R.C book, the vehicle would be plied. The petitioner, after executing necessary bond as directed by the lower Court, may obtain interim custody of the R.C book and after renewal, he may take Xerox copy of the R.C book and return the original R.C book to the lower Court. After such deposit, the learned Magistrate shall issue a certificate showing deposit of the original R.C Book into the Court to enable the petitioner to ply the vehicle.
7. With the above observation, the Criminal Revision Case is disposed of at the stage of admission.
________________________ B.CHANDRA KUMAR, J
Dt.21-10-2009 Note:- Issue C.C in 2 days (B/o) RAR
THE HON’BLE SRI JUSTICE B.CHANDRA KUMAR
Criminal Revision Case No.1742 of 2009
DATED : 21-10-2009
1 issue framed by the court
Whether there is any irregularity in the lower court's order directing the petitioner to furnish surety for interim custody of the R.C book.
1 provisions across 1 enactments
Md. Nayeemuddin
The State of A.P.
B. Chandra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
