Archunan v. The Senior Superintendent Of Police (Traffic)

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.03.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.6266 of 2019 Archunan ... Petitioner Vs 1.The Senior Superintendent of Police (Traffic), O/o.Senior Superintendent of Police (Traffic), No.2, Dumas Street, Puducherry.

2.The superintendent of Police (Traffic) O/o.Superintendent of Police (Traffic), Puducherry.

3.The Sub-Inspector of Police, Traffic West, Puducherry.

... Respondents Prayer:Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 3rd respondent to seize the offending vehicle namely Splendor Plus motor cycle bearing registration No.PY 01 AU 1855 and send it for vehicle inspection by the RTO which involved in Crime No.327 of 2018 dated 11.10.2018 pending investigation on the file of the 3rd respondent Police Station and direct him to proceed in accordance with law and file final report within a time frame.

For Petitioner : Mr.Prakash Adiapadam For RR1 to R3 : Mr.V.Balamurugane Additional Public Prosecutor (Pondy)

ORDER

This Criminal Original Petition has been filed seeking a direction to direct the 3rd respondent to seize the offending vehicle namely Splendor Plus motor cycle bearing registration No.PY 01 AU 1855 and send it for vehicle inspection by the RTO which involved in Crime No.327 of 2018 dated 11.10.2018 pending investigation on the file of the 3rd respondent Police Station and direct him to proceed in accordance with law and file final report within a time frame.

2.

The learned Additional Public Prosecutor submitted that investigation in Crime No.327 of 2018 is yet to be completed.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor (Pondy) for the respondent. 4.

It is seen that case has been registered in Crime No.327 of 2018 on 11.10.2018 alleging that a person driving the vehicle bearing Reg.No.PY-01-AU-1855 dashed against the petitioner and caused injuries. Now the petitioner has filed this petition to seize the said vehicle while the investigation is in progress as such the prayer sought for by the petitioner cannot be granted. However, it would be appropriate to direct the Investigating Officer to file a final report within a stipulated time, if not already filed.

5.

Considering the facts and circumstance of the case, this Court directs the respondent police to complete the investigation in Crime No. 327 of 2018 pending on his file and file a final report within a period of two weeks from the date of the receipt of a copy of this Order.

6.

This Criminal Original Petition is disposed of accordingly.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar pds/lok To 1.The Senior Superintendent of Police (Traffic), O/o.Senior Superintendent of Police (Traffic), No.2, Dumas Street, Puducherry.

2.The superintendent of Police (Traffic) O/o.Superintendent of Police (Traffic), Puducherry.

3.The Sub-Inspector of Police, Traffic West, Puducherry.

4.The Additional Public Prosecutor (Pondy) +1cc to Public Prosecutor(Pondicherry) Crl.O.P.No.6266 of 2019 rji(co) nr 13/05/2019