K.Radha v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.04.2019

CORAM

THE HONOURABLE Mr.JUSTICE G.K.ILANTHIRAIYAN Crl.O.P.No. 9966 of 2019 K.Radha .. Petitioner Vs.

1.The Superintendent of Police, Vellore District, Vellore.

2.The Inspector of Police, Avalur Police Station, Vellore District.

.. Respondents Prayer: Criminal Original Petition is filed under Section 482 of Criminal Procedure Code, to direct the respondents to transfer the investigation in Crime No.253 of 2018 on the file of the Inspector of Police, Avalur Police Station, Vellore District to any other competent authority to conduct a free and fair investigation and to file a final report within a stipulated time.

For Petitioner : Mr.C.Prabakaran For Respondent : Mr.C.Raghavan Government Advocate (Crl.Side)

O R D E R

This Criminal Original Petition has been filed to transfer the investigation of the case in Crime No.253 of 2018 on the file of the second respondent police to any other competent authority and to file a final report. 2.It is seen that the petitioner's husband has died due to an accident caused by one lorry (Eicher Van) bearing registration No. TN 20 DK 2802. The van which was involved in the accident was found by co-employee of the petitioner's husband and the same was informed to second respondent. Later she came to know the second respondent police has registered the FIR in Crime No.253 of 2018 for the offences under section 279 and 304(A) as against the unknown driver and unknown vehicle https://hcservices.ecourts.gov.in/hcservices/

and the said vehicle was not taken to Motor Vehicle Inspection to the RTO office and the 2nd respondent police have cleverly released the vehicle and registered the FIR against the unknown vehicle.

Hence, the petitioner made representation on 12.12.2018 to the 1st respondent and requested to alter the FIR to include the name and registration number of the said vehicle and the driver name. Subsequently, the second respondent found the vehicle involved in the accident viz., TN 20 DK 2802, but till date, no final report has been filed. Hence, the petitioner filed the present petition.

3.Considering the above facts and circumstances of the case, this Court directs the second respondent police, to trace out the vehicle involved in the accident and fix the accused and complete the investigation and file a final report within a period of three months from the date of receipt of a copy of this order.

4.With the above direction, this Criminal Original Petition is disposed of.

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

2.The Inspector of Police, Avalur Police Station, Vellore District.

3.The Public Prosecutor High Court, Madras.

+1cc to Mr.C.Prabakaran, Advocate, SR.No.36510 Crl.O.P.No. 9966 of 2019 Kak(19/07/2019) https://hcservices.ecourts.gov.in/hcservices/