Madras High CourtCRL OP/20216/2017allowed

Sriram, Age 47 Years v. The Deputy Superintendent Of

2017-10-10Honourable Mr Justice M.S. Ramesh4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.10.2017

CORAM

THE HONOURABLE MR. JUSTICE M.S.RAMESH Crl.O.P.No.20216 of 2017 Sriram S/o. Anantharaman ... Petitioner Vs

1. The Deputy Superintendent of Police, Tindivanam.

2. The Inspector of Police, Olakkur Town Police Station, Tindivanam Circle.

... Respondents Prayer: Criminal Original Petition filed under Section 482 Cr.P.C. to transfer the investigation of the registered FIR in Cr.No.366 of 2015 for the offence under Sec.279 and 337 of IPC pending on the file of the respondent to some other agency. For Petitioner : Mr.S.N.Subramani For Respondents : Mr.P.Govindarajan, Additional Public Prosecutor

O R D E R

This Criminal Original Petition has been filed to transfer the investigation of the registered FIR in Cr.No.366 of 2015 for the offence under Sec.279 and 337 of IPC pending on the file of the respondent to some other agency.

2. The petitioner, who was the victim of an accident that occurred on 26.10.2015, gave a complaint on the same day to the Inspector of Police, Olakkur Town Police Station, Tindivanam circle, complaining about the accident and subsequently mentioned the vehicle number namely TN-10 BA.0010 that had hit him.

3. The learned counsel for the petitioner submitted that the petitioner sustained serious injuries due to the accident. The petitioner had also given another complaint on 28.10.2015 to

the Deputy Superintendent of Police, Tindivanam reminding them of the earlier complaint given by him. Though the complaints have been received by the respondents, surprisingly, the then Inspector of Police late Mr.Maruthu had subsequently registered a case against the victim/complainant and made him as an accused in FIR No.366/15 dated 27.10.2015. Challenging the investigation in Crime No.366 of 2015, the present Criminal Original Petition has been filed.

4. The learned counsel for the petitioner further submitted that the Mercedes Benz car bearing registration No.TN-10 BA.0010 came in a rash and negligent manner and dashed the motor cycle in which the petitioner was a pillion rider. During the course of the accident, the front portion of the car was also damaged, apart from the petitioner getting physical injuries of fracture. Owner of the Benz car with the malafide intention of escaping from criminal liability, colluded with the police in which the petitioner was a victim as well as the complainant.

5. I see some force in the arguments made by the learned counsel for the petitioner. In a case of this nature, based on the averments in the complaint, it can always be construed that a cognizable offence has been made out. However, the learned Additional Public Prosecutor today produced an undated letter stating that the petitioner's complaint was closed, since the petitioner himself has stated that he has no intention of pursuing the complaint. I am unable to accept the reasoning of the Sub Inspector of Police, Olakkur Police Station, Tindivanam, in view of the fact, that the petitioner has subsequently given a complaint to the Inspector of Police, Tindivanam as well as chosen to file the present criminal original petition.

6. The learned Additional Public Prosecutor by relying on a letter of the Sub-Inspector of Police submitted that since the two wheeler had violated the traffic rules, a case was registered against the rider of the two wheeler and the owner of the Mercedes Benz car who had dashed the two wheeler was given a clean chit and the complaint against him was closed. Moreover a case has been registered against the rider of the two wheeler in FIR No.366/2015 based on the complaint of the driver of the Mercedes Benz car on the next day. The contents of the letter submitted by the Sub-Inspector of Police also cannot be given much importance, in view of the fact that no date is mentioned in the said letter. The reason stated in the letter also does not carry details of the preliminary enquiry.

In view of the seriousness of the complaint made by the petitioner herein as well as the manner in which the petitioner's complaint came to be closed and the case having now been turned against the petitioner raises a serious doubt on the conduct of the preliminary enquiry by the Investigating Officer.

investigation in the said matter by some other investigating authority. In view of my above observations, I do not find any justification on the part of the respondent/police to turn the case against the petitioner, who was not only the victim in the accident, but was also the complainant.

7. In the result, this criminal original petition stands allowed on the following terms:- a. The investigation in FIR No.366 of 2015 dated 27.10.2015 is quashed.

b. The Superintendent of Police, Villupuram is directed to appoint an Investigation Officer not less than the rank of Deputy Superintendent of Police to enquire into the petitioner's complaint dated 26.10.2015 for conducting de-nova investigation and such an investigation shall be monitored by the Superintendent of Police, Villupuram.

8. The Superintendent of Police shall also conduct an enquiry into the conduct of the then Sub Inspector of Police, Olakkur Town Police Station, Tindivanam Circle, Mr.Maruthu and such an enquiry shall be completed within a period of four weeks from the date of receipt of a copy of this order, after giving due opportunity to the said Mr.Maruthu, the then Sub Inspector of Police of Olakur Police Station Town. The Superintendent of Police on completion of the investigation into the complaint made by the petitioner herein and on the enquiry to be conducted against Mr.Maruthu, the then Sub Inspector of Police, shall send a report to this Court forthwith.

9. With the above observations this criminal original petition stands allowed.

Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar dpq To

1. The Deputy Superintendent of Police, Tindivanam.

2. The Inspector of Police, Olakkur Town Police Station, Tindivanam Circle.

3. The Superintendent of Police, Villupuram.

4. The Public Prosecutor, High Court, Madras.

+1cc to Mr.S.N.Subramani, Advocate, S.R.No.73207 Crl.O.P.No.20216 of 2017 KK(CO) CA(13/11/2017)