Mr.A.Muhammed Sulaiman v. The Commissioner Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 13.08.2015

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH CRL.OP.No.20294 of 2015 A.Muhammed Sulaiman .. Petitioner Vs State Represented by 1.The Commissioner of Police, The Office of the Commissioner of Police, Vepery, Chennai - 600 007.

2.The Inspector of Police, V-5, Thirumangalam Police Station, Annanagar, Chennai - 600 101.

.. Respondents Criminal Original Petition filed under Section 482 Cr.P.C., praying to direct the respondents to register a criminal case based on the petitioner's complaint dated 20.06.2014 (recently remainder sent on 13.07.2015) for the offences under Sections 280 and 338 r/w Section 114 of IPC against the said owner of the said Mahindra Bloero Camper XL5 Vehicle and the said driver Mr.Panner Selvam and to investigate the same.

For Petitioner : Mr.K.Gnanasundaram For Respondents : Mr.C.Emalias, Addl. Public Prosecutor

O R D E R

This Criminal Original Petition has been filed praying for a direction to the respondent police to register a case on the basis of the complaint given by the petitioner dated 20.06.2014 (recently remainder sent on 13.07.2015) for the offences under Sections 280 and 338 r/w Section 114 of IPC against the said owner of the said Mahindra Bloero Camper XL5 Vehicle and the said driver Mr.Panner Selvam and to investigate the same.

2. Heard Mr.K.Gnanasundaram, learned counsel for the petitioner and Mr.C.Emalias, learned Additional Public Prosecutor appearing for the respondents.

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3. The learned Additional Public Prosecutor submitted that the petitioner is an accused in a Motor Accident case and after completion of investigation, the respondent police have also filed final report before the jurisdictional Court. Now the petitioner is seeking for registering an F.I.R on the ground that he would be entitled to compensation. In this case, already, the respondent has registered a case in Crime No.80 of 2014 under Sections 279 and 337 IPC and investigation has also been completed. There cannot be a second FIR for the same incident. Hence, this petition is closed with the liberty to the petitioner to workout his remedy in the manner known to law.

vsm s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To

1. The Commissioner of Police, The Office of the Commissioner of Police, Vepery, Chennai - 600 007.

2. The Inspector of Police, V-5, Thirumangalam Police Station, Annanagar, Chennai - 600 101.

3. The Public Prosecutor, High Court, Madras.

+ 2 ccs to Mr.K.Gnanasundaram, Advocate SR 42974 ad(co) prk3/9 CRL.OP.No.20294 of 2015 https://hcservices.ecourts.gov.in/hcservices/