S.Harish v. The Inspector Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.04.2019

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No.9459 of 2019 S.Harish .. Petitioner Vs

1. The State, Rep. by Inspector of Police, Mount Traffic Investigation, Alandur, Chennai-600 016.

(Crime No.454/M2 2017)

2. K.Gokul raj .. Respondents Prayer :- Criminal Original Petition filed under Section 482 Cr.P.C. to direct the 1st respondent to include the name of the driver of Ford Fiesta bearing number TN 20 BQ 4869 who was driving the car at the time of accident.

For Petitioner : Mr.S.Sridevi For Respondents : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to the direct the 1st respondent to include the name of the driver of Ford Fiesta bearing number TN 20 BQ 4869 who was driving the car at the time of accident.

2. The learned counsel for the petitioner submitted that the petitioner was riding the motor cycle and the 2nd respondent was the pillion rider. A black colour Ford Fiesta car bearing No.TN 20BQ4869 with reckless speed came in the opposite direction to the two-wheeler on the right side and dashed against the twowheeler on the right side of the the front wheel resulting the petitioner was injured very badly and he is under treatment for https://hcservices.ecourts.gov.in/hcservices/

more than a year. The driver has not given the complaint and also the main grievances of the petitioner is that the 1st respondent has not enquired the driver of the black Fiesta Car bearing No.TN 20 BQ 4869 and deliberately avoided including the name of the driver, even though the car was involved in the accident.

3. Heard both sides.

4. Considering the facts and circumstances of the case, the petitioner is directed to submit the necessary particulars before the 1st respondent and on receipt of the same, the 1st respondent is directed to conduct enquiry, if any cognizable offence made out as against the driver of the vehicle as alleged by the respondent, the 1st respondent is directed include his name in the F.I.R. accordance with law within a period of four weeks from the date of receipt of copy of this order.

5. Accordingly, this Criminal Original Petition is disposed of.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar rri To

1. The Inspector of Police, Mount Traffic Investigation, Alandur, Chennai-600 016.

(Crime No.454/M2 2017)

2. The Public Prosecutor, High Court, Madras.

+1 cc to Mr.S.Sridevi, Advocate, S.R.No.35493 Crl.O.P.No.9459 of 2019 GJ-II(CO) SSM(21/05/2019) https://hcservices.ecourts.gov.in/hcservices/