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Madras High CourtCRL OP/6323/2017disposed of

Dr.A.Selvaraju, Aged 59 Years, v. The Superintendent Of Police,

2017-04-10Honourable Mr Justice R. Mahadevan2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 10.04.2017

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN Crl.O.P.No.6323 of 2017 Dr.A.Selvaraju ... Petitioner Vs 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Auroville Police Station, Villupuram District.

3.Kumaresan ... Respondents Criminal Original Petition filed under Section 482 Cr.P.C. to call for the records of the FIR in Crime No.275/2016 on the file of the Inspector of Police, Auroville Police Station, Villupuram District, pending investigation and quash the same.

For Petitioner :

Mr.I.Abraham For R1 and R2 :

Mr.C.Emalias, APP

O R D E R

The present Criminal Original Petition has been filed to call for the records relating to FIR in Crime No.275 of 2016 pending on the file of the second respondent police and quash the same.

2. It is the case of the petitioner that he has been implicated as accused in the case in Crime No.275 of 2016 on the file of the second respondent for the offences punishable under Sections 279 and 337 IPC, which were subsequently altered into one under Section 407(A) IPC. It is alleged in the FIR that his vehicle Hyundai Santro bearing Regn.No.PY01 AL 8618 was involved in an accident that took place on 15.04.2016 at Bommaiyar Palayam, in which, an old man sustained fatal injuries, whereas, according to the petitioner, a two wheeler was involved in the https://hcservices.ecourts.gov.in/hcservices/

said accident and he only helped to take the deceased old man to the hospital on humanitarian grounds. Pursuant to the registration of the case, the petitioner was frequently called by the respondent police for the purpose of enquiry. Hence, he has come up with the present petition for the above stated relief.

3. On the other hand, learned Additional Public Prosecutor, on instructions, submitted that in connection with Crime No.275/2016, the petitioner was instructed to appear before the second respondent along with his vehicle as well as necessary documents pertaining to the same, for the purpose of enquiry, but he failed to do so.

4. Considering the facts and circumstances of the case and taking note of the submissions made on either side, this Court directs the petitioner to appear before the second respondent along with his vehicle and necessary documents relating to the same and on such appearance and upon production of the vehicle and its documents, the second respondent is directed to conduct enquiry and proceed further as per law.

5. This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar To 1.The Superintendent of Police, Villupuram District, Villupuram.

2.The Inspector of Police, Auroville Police Station, Villupuram District.

3.The Public Prosecutor, High Court, Madras.

+1cc to Mr.I. Abraham, Advocate, S.R.No.21999 scd(CO) md(27/04/2017) Crl.O.P.No.6323 of 2017 https://hcservices.ecourts.gov.in/hcservices/