Madras High CourtCRL OP/491/2022disposed of

R.Sakthi v. The Superintendent Of Police

2022-07-12Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.07.2022

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR R.Shakthi .. Petitioner

Versus

1.The Superintendent of Police Thiruvannamalai District Thiruvannamalai 2.The Deputy Superintendent of Police Chengam Thiruvannamalai District 3.The Inspector of Police Mel Chengam Police Station Thiruvannamalai District .. Respondents PRAYER : Criminal Original Petition filed under Section 482 of Cr.P.C., to direct the third respondent to include the driver of the bus namely Baskaran @ Balasundar as accused person by altering the FIR in Crime No.285 of 2021 on the file of the Inspector of Police, Mel Chengam Police Station, Tiruvannamalai District and to conduct free and fair investigation and to file a final report.

For Petitioner : Mr.C.Prabakaran For Respondents : Mr.E.Raj Thilak Addtional Public Prosecutor Page No.1 of 4

O R D E R

This Criminal Original Petition is filed seeking to direct the third respondent to include the driver of the bus namely Baskaran @ Balasundar as accused person by altering the FIR in Crime No.285 of 2021 on the file of the third respondent police and to file a final report.

2. It is the contention of the petitioner that only the driver of the TNSTC bus invited the accident, whereas, the petitioner is arrayed as accused. Hence, he submitted detailed complaint to the respondents 1 and 2 to alter the FIR. So far, no action taken, Hence, this petition.

3. Considering the facts and circumstances of this case, this Court is of the view that the direction seeking to include the name of the driver of the TNSTC bus cannot be issued. However, the investigation officer is directed to take up the investigation, collect all the materials and proceed as per law. If the investigation officer finds from the materials that the petitioner is not the offender, investigation officer may proceed against the persons against whom the materials all collecteed.

Page No.2 of 4

4. Accordingly, this Criminal Original Petition stands disposed of. No costs.

12.07.2022 Index : Yes / No dhk To 1.The Superintendent of Police Thiruvannamalai District Thiruvannamalai 2.The Deputy Superintendent of Police Chengam Thiruvannamalai District 3.The Inspector of Police Mel Chengam Police Station Thiruvannamalai District 3.The Public Prosecutor, High Court, Madras.

Page No.3 of 4

N. SATHISH KUMAR, J.

dhk CRL.O.P.No.491 of 2022 12.07.2022 Page No.4 of 4