Madras High CourtCRL OP/25523/2015disposed of

P.Aanaimuthaiya v. The Inspector Of Police

2015-11-03Honourable Mr Justice R.Subbiah2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.11.2015

CORAM

THE HONOURABLE MR.JUSTICE R.SUBBIAH Crl.O.P.No.25523 of 2015 P.Ananimuthaiya .. Petitioner ..vs..

The Inspector of Police Traffic Investigation J-2, Adyar - Mylapore Range Besant Nagar Police Station Besant Nagar Chennai - 600 090 ..Respondent Criminal Original Petition filed under Section 482 Cr.P.C., to direct the respondent to register the FIR in respect of complaint dated 20.12.2014 pertaining to C.S.R.No.133/AM3/2014 issued on 23.12.2014.

For Petitioner : Mr.A.Shanmugaraj For Respondent :

Mr.C.Emalias Additional Public Prosecutor

O R D E R

The present petition has been filed seeking a direction to the respondent to register a case based on the complaint given by the petitioner dated 20.12.2014 pending in C.S.R.No.133/AM3/2014.

2. On 23.11.2014 at about 07.00 pm, when the petitioner was travelling along with his wife Rathinavalli in a MTC bus (Route No.47-D), bearing Registration No.TN-01-N-7376, the driver of the bus drove the vehicle in a rash and negligent manner and dashed against the rear side of a car, due to which the petitioner sustained fracture below the right knee and his wife sustained grievous injuries in the left knee. The petitioner lodged a complaint before the respondent police on 20.12.2014.

3. Heard the learned counsel appearing for the petitioner and the learned Additional Public Prosecutor appearing for the respondents.

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4. The learned Additional Public Prosecutor submitted that on receipt of the complaint, C.S.R.No.133 of 2014 has been assigned and the matter is pending enquiry.

5. In view of the submission made by the learned Additional Public Prosecutor, this Court is of the opinion that it is appropriate to direct the respondent to conduct an enquiry on the complaint dated 20.12.2014 given by the petitioner, if enquiry was not conducted so far and upon enquiry, if materials are gathered indicating commission of any cognizable offence, the third respondent is directed to proceed further in accordance with law, as early as possible preferably within a period of two months from the date of receipt of a copy of this order.

6. The Criminal Original Petition is disposed of accordingly.

-Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar gpa To 1.The Inspector of Police Traffic Investigation J-2, Adyar - Mylapore Range Besant Nagar Police Station Besant Nagar Chennai - 600 090

2. The Public Prosecutor Madras High Court Chennai +1 cc to Mr.A.Shanmugaraj Advocate sr.60163 Crl.O.P.No.25523 of 2015 aa18/11/2015 https://hcservices.ecourts.gov.in/hcservices/