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Madras High CourtCRL OP/15758/2016closed

D.Sachidhanandham v. The Superintendent Of Police

2016-08-22Honourable Mr Justice P. N. Prakash2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.08.2016

CORAM

THE HONOURABLE MR.JUSTICE P.N.PRAKASH Crl.OP No.15758 of 2016 D.Sachidhanandham ..Petitioner Vs.

1.The Superintendent of Police Vellore District, Vellore.

2.The Inspector of Police Arakkonam Taluk Police Station Arakkonam, Vellore District.

3.The Inspector of Police Chrompet Traffic Police Station Tambaram, Chennai.

.. Respondents Prayer:- Criminal Original Petition filed under Section 482 Cr.P.C., to direct the 2nd respondent to register a case on the petitioner's complaint dated 21.06.2016 and to file a final report in accordance with law.

For Petitioner :

Mr.P.Krishnan For Respondents :

Mr.C.Emalias, Addl.Public Prosecutor

O R D E R

This petition has been filed to direct the 2nd respondent to register a case on the petitioner's complaint dated 21.06.2016 and to file a final report in accordance with law.

2. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor appearing for the State. 3.It is seen that this petitioner had engaged the services of one Manikandan as his lorry driver, and that when his lorry was being driven by Manikandan, an accident had taken place on 05.06.2016 within the jurisdiction of Chrompet Traffic Police Station and a case in Cr.No.347 of 2016 has been registered therein. During investigation by the Traffic Police, it came to light that Manikandan was having a forged licence.

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4. Now the petitioner, who is the owner of the lorry, has lodged the present complaint to the respondent herein alleging that Manikandan while joining the services as lorry driver had cheated him saying that he is having a valid licence and had produced photocopies of licence, on the strength of which the petitioner trusted Manikandan and handed over the vehicle.

5. In the considered opinion of this Court, this is not a fit case to issue direction to the respondent police to register an FIR. The petitioner is setting up a defence to avoid Motor Accident Claims liability. However, the petitioner is at liberty to approach the Traffic Investigation Wing of the Chrompet Police Station in Cr.No.347 of 2016 and give the aforesaid explanation.

With the above observation, this petition is closed. -s/d- Assistant Registrar True Copy Sub-Assistant Registrar gms To 1.The Superintendent of Police,Vellore District, Vellore. 2.The Inspector of Police,Arakkonam Taluk Police Station Arakkonam, Vellore District.

3.The Inspector of Police,Chrompet Traffic Police Station,Tambaram, Chennai.

4.The Public Prosecutor,High Court, Madras.

+1 cc to Mr.I.Abrar Md Abdullah Advocate sr42237 +1 cc to Mr.P.Krishnan Advocate sr 47975 Crl.OP No.15758 of 2016 aa07/09/2016 https://hcservices.ecourts.gov.in/hcservices/